Motion to Enforce Sister-State Judgment

Useful Resources for Motion to Enforce Sister-State Judgment

Recent Rulings on Motion to Enforce Sister-State Judgment

GUNNLAUGER PETUR ERLENDSSON VS DAVID GLASSER ET AL

MOVING PARTY: Plaintiff/Judgment Creditor Gunnlaugur Petur Erlendsson OPPOSITION: Defendant and Judgment Debtor David Glasser In 2012 a judgment was entered in Plaintiff/Judgment Creditor Gunnlaugur Petur Erlendsson’s (“Erlendsson”) favor in New York and a sister state judgment was entered in California on October 26, 2012. On September 19, 2017, Erlendsson obtained a renewed judgment against defendants for $1,086,681.39. In 2018, the parties entered into the Settlement and Release Agreement.

  • Hearing

    Jan 26, 2021

RANCHO EL DORADO HOMEOWNERS ASSOCIATION VS FAVIO DE MARCO

Favio De Marco and Jane Doe De Marco, case number CV2011-1994; and (3) Judgment on Sister-State Judgment entered in the above-entitled action, in the Los Angeles County Superior Court, case number 19STCP03142. The request for judicial notice is granted pursuant to California Evidence Code section 452, subdivisions (c) and (d). The Court’s objective is to award attorney’s fee at the fair market value based on the particular action. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132.)

  • Hearing

    Jan 19, 2021

(NO CASE NAME AVAILABLE)

Pursuant to Plaintiff’s Application for Entry of Sister State Judgment, on November 21, 2016, this court entered judgment against Defendants in the amount of $9,816.90. On February 1, 2018, Plaintiff filed a Motion for Award of Attorney’s Fees and Costs, which the Court granted on March 5, 2018 in the amount of $4,354.50. The Court again awarded Plaintiff attorney fees on April 3, 2019 in the amount of $4,692.50 and costs of $690.60.

  • Hearing

    Jan 19, 2021

RAYMOND FRANK BAEZ VS THE STATE OF CALIFORNIA THE PEOPLE OF CALIFORNIA

Request for Judicial Notice The State requests that judicial notice be taken of: (1) Plaintiff’s application for entry of judgment on sister-state judgment with attachments; (2) notice of entry of judgment on sister-state judgment; (3) unofficial online case docket for Circuit Court of Cook County Case No. 2018M6010260; and (4) judgment based on sister-state judgment. Evidence Code section 452(d) authorizes judicial notice of court records of this state and other states.

  • Hearing

    Jan 14, 2021

ITRIA VENTURES LLC VS JS APPAREL INC ET AL

On March 19, 2018, Judgment Creditor filed an application for entry of judgment on sister-state judgment. On June 8, 2018, Judgment Creditor filed an amended application for entry of judgment on sister-state judgment. The Court entered judgment in favor of Judgment Creditor and against Judgment Debtors on the same date. On July 31, 2019, the Court granted Judgment Creditor’s motion for an order appointing a receiver and preliminary injunction.

  • Hearing

    Jan 14, 2021

  • County

    Los Angeles County, CA

PROFESSIONAL SOLUTIONS FINANCIAL SERVICES V. MICHAEL P. SEIDMAN, DDS, PC

PLT Psfs 3 Corporation Motion to Compel Answers to Special Interrogatories Plaintiff PSFS 3 Corporation’s motion to compel Defendant Erik Vanek’s verified responses to its special interrogatories is continued pending Defendant’s motion to vacate/stay sister state judgment which motions shall now be heard together and that the same date/time.

  • Hearing

    Jan 08, 2021

RONALD AULD VS VALLEY PRESBYTERIAN HOSPITAL

This proceeding was stayed from August 17, 2020 to September 16, 2020 due to a sister state judgment. Plaintiff’s SAC asserts the following allegations. On February 27, 2020, Plaintiff was taken by ambulance to the Defendant hospital. An emergency room (ER) doctor diagnosed Plaintiff with seizures and provided treatment for such. (SAC, ¶ 2.) Plaintiff has visited the Defendant hospital several times because of his seizures, making him well-known to the ER staff. (Id., ¶ 3.)

  • Hearing

    Dec 29, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

UNITED CENTRAL BANK VS CHARULATTA PATEL

Within five (5) court days of this ruling, plaintiff is ordered to file the “First Amended Civil Case Cover Sheet,” “First Amended Application for Entry of Judgment on Sister-State Judgment,” “First Amended Notice of Entry of Judgment on Sister-State Judgment,” and “First Amended Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest,” attached to counsel for plaintiff’s declaration as Exhibits 7 through 10, respectively.

  • Hearing

    Dec 18, 2020

GUNNLAUGER PETUR ERLENDSSON VS DAVID GLASSER ET AL

MOVING PARTY: Plaintiff/Judgment Creditor Gunnlaugur Petur Erlendsson OPPOSITION: Defendant and Judgment Debtor David Glasser In 2012 a judgment was entered in Plaintiff/Judgment Creditor Gunnlaugur Petur Erlendsson’s (“Erlendsson”) favor in New York and a sister state judgment was entered in California on October 26, 2012. On September 19, 2017, Erlendsson obtained a renewed judgment against defendants for $1,086,681.39. In 2018, the parties entered into the Settlement and Release Agreement.

  • Hearing

    Dec 16, 2020

PROPERTY REHAB TRUST, LLC VS SHARON BABB, ET AL.

Plaintiff filed an application for entry of judgment on that sister-state judgment in this Court. Defendant Sharon Babb moves to vacate the judgment and for a stay of enforcement of the judgment against her pending determination of the motion. TENTATIVE RULING: Defendant’s motion to vacate judgment and for stay of enforcement of judgment is taken OFF CALENDAR as MOOT. Plaintiff filed this motion on April 7, 2020.

  • Hearing

    Dec 03, 2020

STARA ORIEN VS MISTA L LUTZ ET AL

As a preliminary matter, there is still no evidence before the Court that the Notice of Lien or that the Notice of Entry of Sister-State Judgment were ever served on Plaintiff. (Motion Exh. 5.) There is no proof of service attached to either document, and the proof of service page of the Notice of Entry of Judgment on Sister-State Judgment is blank.

  • Hearing

    Nov 30, 2020

  • Type

    Real Property

  • Sub Type

    other

BLUE STONE PROPERTIES LLC VS CAMPBELL

Defendant Brittany Campbell ("Defendant")'s motion to vacate application for entry of sister state judgment is denied without prejudice. Defendant has not provided Plaintiff Blue Stone Properties, LLC ("Plaintiff") with proper notice of the motion. Plaintiff's counsel's address is 6385 S. Rainbow Blvd., Suite 400, Las Vegas, NV 89118. She also accepts electronic service. Yet Defendant's proof of service reflects service of the notice of motion via U.S. Mail at 8385 S.

  • Hearing

    Nov 19, 2020

  • Type

    Other

  • Sub Type

    Enforcement

LAKELAND WEST CAPITAL VIII, LLC VS WILLIAM F. LASKY

Lasky RELIEF REQUESTED: Assignment of Rights, Turnover Order and Order to Appear SUMMARY OF FACTS: This is a petition file opened on an Application for Entry of Judgment on Sister-State Judgment, with respect to a judgment entered in Milwaukee County, Wisconsin. On April 17, 2019, the court entered a judgment in this matter based on sister-state judgment in the sum of $850,125.86. The Judgment was mailed by the clerk on April 26, 2019.

  • Hearing

    Nov 06, 2020

TODD FARNSWORTH, ET AL. VS MARQUEE TELEVISION, INC., ET AL.

Defendants seek to vacate the sister-state judgment pursuant to CCP § 1710.40(a): “[a] judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state on the sister state judgment, including the ground that the amount of interest accrued on the sister state judgment and included in the judgment entered pursuant to this chapter is incorrect.”

  • Hearing

    Oct 29, 2020

MYRON VS FINANCIAL INDUSTRY REGULATORY AUTHORITY INC

Tyus (1984) 160 Cal.App.3d 789 explains, [u]nder the full faith and credit clause, full res judicata effect attaches to a sister state judgment when the party sought to be bound by the judgment participated in the litigation and had a full opportunity to contest the sister state court's jurisdiction. ( Sherrer v. Sherrer (1948) 334 U.S. 343, 346, 351-352 [92 L.Ed. 1429, 1433, 1436-1437, 68 S.Ct. 1087, 1 A.L.R.2d 1355]; Craig v. Superior Court (1975) 45 Cal.App.3d 675, 680 [119 Cal.Rptr. 692].)

  • Hearing

    Oct 29, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

DOCTOR'S ASSOCIATES LLC VS TRI

This franchise was included in the arbitration award and in the March 18, 2019 sister state judgment, but was identified in the June 28, 2019 motion as “no longer operating.” The issue is whether the omission of franchise 28238 was an error made by the court in rendering judgment (and thus a potential judicial error) or an error made in recording the judgment rendered by the court (and thus a clerical error).

  • Hearing

    Oct 21, 2020

EAG INVESTMENTS LLC VS STEHRENBERGER

Motion to Quash Subpoena This action arises out of a judgment entered on a sister-state judgment from Utah, in favor of judgment creditor Michiko Stehrenberger (here “JC”) as assignee of the original judgment creditor EAG Investments, LLC, against her brother Tamio Lucien Stehrenberger (“Tamio”).

  • Hearing

    Oct 16, 2020

FREMERMAN VS. KIM

Motion to Vacate This arises from a sister-state judgment in Colorado. This is the debtor’s renewed motion to have the renewed domesticated judgment set aside. The underlying out-of-state action was a business dispute. Defendant Mike Kim sold to plaintiff Kerry Fremerman his Colorado-based acupuncture practice called Entercare Wellness Center. According to Fremerman, Kim fraudulently overstated the revenue expectations of the practice, leading to a lawsuit.

  • Hearing

    Oct 16, 2020

MATERIALISE NV V. CONSENSUS ORTHOPEDICS

The comment points out that the “truncated procedures” used in connection with sister-state judgments are appropriate because “there is a strong presumption of fairness and competence attached to a sister-state judgment that justifies use of a registration procedure.” (Ibid.) “Unlike the limited grounds for denying full faith and credit to a sister-state judgment, this Act provides a number of grounds upon which recognition of a foreign-country judgment may be denied....

  • Hearing

    Oct 02, 2020

FREMERMAN VS. KIM

On 04/15/11, Judicial Assertion Systems made application here for entry of that sister-state judgment. Judgment was entered here in the amount of $162,342.55. On 04/03/14, Judicial Assertion Systems assigned all rights and interest in its domesticated judgment back to Fremerman (hereinafter “creditor”). On 04/28/14, creditor reportedly effectuated personal service upon Kim of the Assignment and Notice of Entry of the domesticated judgment.

  • Hearing

    Oct 02, 2020

2 COOPER SQUARE, LLC VS JOSHUA SINGER

“Common defenses to enforcement of a sister state judgment include . . . the judgment was rendered in excess of jurisdiction . . . .” (Id., Law Rev. Comm’n Comment.) The Judgment Creditor 2 Cooper Square, LLC obtained entry of judgment in this court on a sister-state judgment on January 8, 2020, for judgment against Movant in the action 2 Cooper Square LLC v. Joshua Singer (2016) Index No. 67146/2016, New York Supreme Court, County of Westchester (the “New York Action”).

  • Hearing

    Sep 28, 2020

JP WILSON FAMILY LLC ET AL VS ROBERT SHUMAKE ET AL

Background: On September 12, 2019, the court entered a Judgment on Sister-State Judgment in favor of judgment creditor JP Wilson Family, LLC (JPWF), against judgment debtor Robert Shumake in the amount of $760,213.13. The underlying default judgment was entered in the Oakland County Circuit Court in Michigan on February 27, 2019.

  • Hearing

    Sep 25, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

LAKELAND WEST CAPITAL VIII, LLC VS WILLIAM F. LASKY

Lasky and his family’s financial information to be filed under seal Assignment of Rights, Turnover Order and Order to Appear SUMMARY OF FACTS: This is a petition file opened on an Application for Entry of Judgment on Sister-State Judgment, with respect to a judgment entered in Milwaukee County, Wisconsin. On April 17, 2019, the court entered a judgment in this matter based on sister-state judgment in the sum of $850,125.86. The Judgment was mailed by the clerk on April 26, 2019.

  • Hearing

    Sep 25, 2020

ALDO SEOANE VS LOS ANGELES DEPARTMENT OF SOCIAL SERVICES

on Sister State Judgment.)

  • Hearing

    Sep 24, 2020

HORIZON BUSINESS FUNDING, LLC VS. E.M. TOOL COMPANY, INC.

Motion to Vacate This is a collection case involving a sister-state judgment from New York. This is a motion to vacate that judgment. It is brought not by the debtor but by the creditor who fears that its service of process may have been inadequate. Motion Granted. Judgment as to EM Tool Company is hereby vacated. Plaintiff further requests that this Court enter a dismissal “without” prejudice as to EM Tool Company. That request is also Granted.

  • Hearing

    Sep 18, 2020

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