Motion to Enforce Sister-State Judgment

Useful Rulings on Motion to Enforce Sister-State Judgment

Recent Rulings on Motion to Enforce Sister-State Judgment

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

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

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

RONALD AULD VS VALLEY PRESBYTERIAN HOSPITAL

This proceeding was stayed from August 17, 2020 to September 16, 2020 due to a sister state judgment. On April 29, 2020, Defendant filed a motion to dismiss pursuant to Code of Civil Procedure sections 581(m) and 471.5(a) on the grounds that Plaintiff has failed to prosecute this action, including failing to timely file and serve Defendant with the amended complaints. II. LEGAL STANDARD & DISCUSSION Plaintiff filed a FAC and SAC on July 8 and 29, 2019, respectively.

  • Hearing

    Sep 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

AGILECAP, LLC VS AI LING LEE, ET AL.

On April 5, 2019, Plaintiff obtained a sister-state judgment.

  • Hearing

    Sep 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

REED ELSEVIER INC. VS RONDA DIXON

VACATE SISTER STATE JUDGMENT (CCP §§ 1710.30, et seq.) TENTATIVE RULING: Judgment Debtor Rhonda Dixon’s Motion to Vacate Sister State Judgment is DENIED. ANALYSIS: On January 15, 2020, Judgment Creditor Reed Elsevier, Inc. (“Judgment Creditor”) filed an Application for Entry of Judgment on Sister State Judgment based on a judgment from Ohio. The Court entered judgment the same day against Judgment Debtor Ronda Dixon (“Judgment Debtor”).

  • Hearing

    Aug 31, 2020

SATURN FREIGHT SYSTEMS, INC. VS NORFLEET TRANSPORTATION, LLC

F-47 Date: 8/26/20 Case #20CHCP00096 MOTION TO VACATE SISTER STATE JUDGMENT Motion filed on 3/17/20. MOVING PARTY: Defendant Norfleet Transportation, LLC RESPONDING PARTY: Plaintiff Saturn Freight Systems, LLC NOTICE: ok RELIEF REQUESTED: An order vacating the judgment entered in this action on 2/28/20. RULING: The motion is denied. This matter arises out of an action filed by Plaintiff Saturn Freight Systems, LLC against Defendant Norfleet Transportation, LLC in Georgia.

  • Hearing

    Aug 26, 2020

UNITED CENTRAL BANK VS CHARULATTA PATEL

On March 18, 2020, plaintiff filed an amended application for entry of judgment on sister-state judgment in favor of United Central Bank, as opposed to United Capital Bank. Notably, that amended application was brought by counsel for “Judgment Creditor, UNITED CAPITAL BANK.” On the same day, the Clerk’s Office of this Court entered and filed an amended Notice of Entry of Judgment on Sister-State Judgment in the sum of $524,037.79 in favor of United Central Bank, which was served by mail on March 18, 2020.

  • Hearing

    Aug 21, 2020

IRONWOOD COMMONS COMMUNITY ASSOCIATION, INC., AN ARIZONA NONPROFIT CORPORATION VS AMEERA AMMARI, A MARITAL COMMUNITY, ET AL.

However, the proof of service filed for the entry of the sister-state judgment indicates that this is a business address, not Judgment Debtors’ residential address. (11/15/18 Proof of Service.) In addition, Judgment Debtors have never appeared in this action using the Crenshaw Address.

  • Hearing

    Aug 06, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

IRONWOOD COMMONS COMMUNITY ASSOCIATION, INC., AN ARIZONA NONPROFIT CORPORATION VS AMEERA AMMARI, A MARITAL COMMUNITY, ET AL.

However, the proof of service filed for the entry of the sister-state judgment indicates that this is a business address, not Judgment Debtors’ residential address. (11/15/18 Proof of Service.) In addition, Judgment Debtors have never appeared in this action using the Crenshaw Address.

  • Hearing

    Aug 06, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

SAN TAN HEIGHTS HOMEOWNERS ASSOCIATION VS MARIA JOSIELYNE DY ANGELES

VACATE SISTER STATE JUDGMENT (CCP §§ 1710.30, et seq.) TENTATIVE RULING: Judgment Debtor Maria Josielyne Dy Angeles’s Motion to Vacate Sister State Judgment is DENIED. ANALYSIS: On June 10, 2019, Judgment Creditor San Tan Heights Homeowners Association (“Judgment Creditor”) filed an Application for Entry of Judgment on Sister State Judgment. The Court entered judgment the same day against Judgment Debtor Maria Josielyne Dy Angeles (“Judgment Debtor”).

  • Hearing

    Aug 03, 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

    Jul 29, 2020

GALLAUGHER V. TILTON

On August 7, 2019, Joyce Gallaugher filed an Application for Entry of Sister-State Judgment in this court, and Notice of its entry was filed on August 20, 2019. Notice was personally served on August 24, 2019. On January 21, 2020, writs of execution were issued to the Los Angeles County Sheriff and the Santa Barbara County Sheriff. A debtor’s exam was scheduled to occur on January 28, 2020 pursuant to an application filed on November 18, 2019.

  • Hearing

    Jul 28, 2020

SPG ADVANCE, LLC V. AG TRANSPORT, INC.

Here, the debtors identified in the motion were listed as defendants in the sister state judgment. The sister state judgment was entered in this court on June 7, 2019, and thus has “the same effect as an original money judgment of the court and may be enforced or satisfied in like manner.” (Code Civ. Proc., § 1710.35.) Furthermore, the motion asserts that defendants are due money from a specific third party (Ippolito International, LP). By naming a specific entity, the motion is more than speculative.

  • Hearing

    Jul 21, 2020

  • Type

    Other

  • Sub Type

    Enforcement

HOWARD FUCHS VS JOEL WERTMAN ET AL

Plaintiff alleged the Notice of Entry of Judgment on Sister-State Judgment was entered on August 29, 2016 and the Court denied Defendant’s motion to vacate and stay enforcement of the Sister State Judgment on April 14, 2017, making the $1,917,336.23 judgment enforceable against Defendant on that date. (SAC ¶11; Exhs. A, B.) Plaintiff alleged thereafter, on April 20, 2017, Defendant and Perel transferred their only substantial asset, real property located at 6517 Whitworth Dr.

  • Hearing

    Jul 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

BLOOMFIELD MERCHANT SERVICES LLC VS MEGA CARD SOLUTIONS INC

On July 31, 2018, Plaintiff Bloomfield Merchant Services LLC applied to the Los Angeles County Superior Court for entry of judgment on a sister-state-judgment and the clerk entered the requested judgment, plus post-judgment interest and costs. On October 2, 2018, Defendants filed a motion to vacate the sister-state judgment or, in the alternative, to stay its enforcement.

  • Hearing

    Jul 16, 2020

THE WELLNESS WAY GREEN BAY LLC VS HEALTH CARE EQUIPMENT SERVICES LLC

Nature of Proceedings: Motion to Vacate Sister State Judgment Motion Withdrawan by moving party.

  • Hearing

    Jul 15, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

THE WELLNESS WAY GREEN BAY LLC VS HEALTH CARE EQUIPMENT SERVICES LLC

Nature of Proceedings: Motion to Vacate Sister State Judgment TENTATIVE RULING: The motion to vacate entry of sister-state judgment is ordered continued to August 12, 2020, at 10:00 a.m., to allow plaintiff’s out-of state attorney to submit a written application to appear as counsel pro hac vice and to associate local counsel as attorney of record for plaintiff.

  • Hearing

    Jul 15, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

THE WELLNESS WAY GREEN BAY LLC VS HEALTH CARE EQUIPMENT SERVICES LLC

Nature of Proceedings: Motion to Vacate Sister State Judgment Tentative not yet posted, please check again.

  • Hearing

    Jul 15, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

DEADSOXY, LLC VS SOXNET, INC.

MOTION TO SET ASIDE SISTER-STATE JUDGMENT (CCP § 1710.40) TENTATIVE RULING: Judgment Debtor Soxnet, Inc.’s Motion to Set Aside Sister-State Judgment is GRANTED.

  • Hearing

    Jul 15, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

BLIZZARD ENERGY, INC. V. BERND SCHAEFERS

Blizzard seeks simply to amend the California sister state judgment to conform to the Kansas judgment. Blizzard’s motion to amend the sister state judgment to add Val as a judgment debtor is granted.

  • Hearing

    Jul 14, 2020

2 COOPER SQUARE, LLC VS JOSHUA SINGER

Judgment Debtor has not shown, however, authority that New York State law applies to the instant action in Los Angeles Superior Court, filed to enforce the sister state judgment obtained in New York State. California courts have authority to vacate a sister state money judgment on the ground the judgment exceeds the jurisdiction of the sister state court under California’s Sister State Money Judgments Act. (Comment to Code Civ. Proc. Section 1710.40(a).)

  • Hearing

    Jul 14, 2020

P STANDARD GENERAL LTD ET AL VS DOV CHARNEY

Background On February 16, 2018, Judgment Creditors filed this action against Judgment Debtor Dov Charney as an Application for Entry of Sister State Judgment on February 16, 2018 against Judgment Debtor Dov Charney (“Charney”). Judgment Creditors have three judgments against Charney in the principal amount of nearly $30 million.

  • Hearing

    Jul 06, 2020

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