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TIMOTHY J. MORGAN, SBN 057847
Attorney at Law
121 Jewell Street
Santa Cruz, California 95060
Telephone 831-429-9841
Fax 831-429-2824
In Pro Per
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CRUZ
10
TIMOTHY J. MORGAN, CASE NO. CV145349
11
Plaintiff, OPPOSITION TO MOTION TO VACATE
12
RENEWAL OF JUDGMENT;
vs. MEMORANDUM OF POINTS AND
13
AUTHORITIES IN OPPOSITION TO
SUSANA P. GREEN, and DOES 1-5, MOTION TO VACATE RENEWAL OF
14
INCLUSIVE, JUDGMENT
15
Defendants. Next Hearing:
Date: 4/15/2024
16
Time: 8:30 AM
17
Dept: 5
18
19
Plaintiff Timothy J. Morgan submits the following opposition to defendant’s motion to
20
vacate the renewal of plaintiff's judgment.
21
Procedural Facts
22
On December 23, 2003, this court made and entered its judgment in favor of plaintiff and
23
against defendant, Susana P. Green, in the amount of $16,798.48, principal; interest thereon at
24
the rate of ten percent per annum from September 12, 2002, to the date of the judgment, in the
25
amount of $1,744.28; and plaintiff's costs and disbursements in the sum of $350.00; together
26
with interest on the judgment as provided by law.
27
The judgment recited that the defendant was regularly served with summons by
28
OPPOSITION TO MOTION TO VACATE RENEWALOF JUDGMENT - PAGE 1
publication; that the defendant failed to appear and answer plaintiff's complaint within the time
allowed by law; that the default of the defendant was entered; and that proof of publication and
of the allegations of plaintiff's complaint were made to the satisfaction of the court.
Notice of Entry of Judgment was given to the defendant by mail on December 23, 2003.
An application for renewal of the judgment was timely filed, and Notice of Renewal of
Judgment was given by the court on December 12, 2013.
Defendant filed her first motion to vacate the renewal of the judgment on May 13, 2014.
Ata hearing held on June 27, 2014, the Hon. Rebecca Connolly, Judge of the Superior
Court, denied defendant’s motion to vacate the renewal of the judgment on two grounds: (a) that
10 the motion to vacate the renewal of the judgment was untimely filed, and (b) that defendants’
11 motion to vacate the renewal of the judgment was an attempt to reargue the issues in the
12 underlying case and did not present any of the grounds recognized by Code of Civil Procedure
13 §683.170(a) that would constitute a defense to an action on the judgment. A true and correct
14 copy of Judge Connolly’s Order Denying Defendant’s Motion to Vacate Renewal of Judgment,
15 entered on July 16, 2014, is attached hereto as Exhibit “A.”
16 Defendant thereafter appealed the trial court’s order denying her motion to vacate the
17 renewal of the judgment. On April 1, 2017, the Court of Appeal, Sixth Appellate District, filed
18 its decision upholding the trial court’s denial of defendant’s motion to vacate the renewal of the
19 judgment and denying defendant’s request for damages, attorney’s fees, and other costs, since the
20 court found no basis on which to award damages, attoprney’s fees, and other costs. A true and
21 correct copy of the Court of Appeal’s decision in Morgan v. Green, H041244, filed April 11,
22 2017, is attached hereto as Exhibit “B.”
23 On October 24, 2023, plaintiff filed his application to renew the judgment in the amount
24 of $51,285.72. A true and correct copy of plaintiff's Application for Renewal of Judgment is
25 attached as Exhibit “C.”
26 On October 24, 2023, the Clerk of the Court issued its Notice of Renewal of Judgment in
27 the amount of $51,285.72. A true and correct copy of the Notice of Renewal of Judgment is
28
OPPOSITION TO MOTION TO VACATE RENEWAL OF JUDGMENT - PAGE 2
attached as Exhibit “D.”
On October 31, 2023, the Notice of Renewal of Judgment and Application for Renewal of
Judgment was mailed to defendant at defendant as shown in the Proof of Service, a true and
correct copy of which is attached as Exhibit “E.”
On December 29, 2023, defendant filed her Notice of Motion to Vacate Renewal of
Judgment. A true and correct copy of said Notice of Motion is attached hereto as Exhibit “F.”
Points and Authorities
Code of Civil Procedure Sections 683.110 through 683.220 govern the renewal of
10 judgments.
1 Section 683.170(a) of the Code of Civil Procedure provides that “The renewal of a
12 judgment pursuant to this article may be vacated on any ground that would be a defense to an
13 action on the judgment, including the ground that the amount of the renewed judgment as entered
14 pursuant to this article is incorrect...” The judgment debtor bears the burden of proving by a
15 preponderance of the evidence that he or she is entitled to relief.
16 An action on a judgment is an independent proceeding authorized by Code of Civil
17 Procedure Section 683.050, which provides, “Nothing in this chapter limits any right the
18 judgment creditor may have to bring an action on a judgment, but any such action shall be
19 commenced within the period prescribed by Section 337.5.”
20 Defendant’s motion to vacate the judgment is not predicated on any grounds recognized
21 by CCP Section 683.170(a). Those grounds are limited to those that would be a defense to an
22 action on the judgment, not on the underlying complaint, such as whether jurisdiction had been
23 acquired over the defendant, and whether the amount of the renewed judgment is correct.
24 CCP Section 683.170(a) does not authorize relitigating the underlying complaint that
25 gave rise to the judgment which is being renewed.. All of defendant’s arguments and proffered
26 exhibits go to the merits of the underlying complaint and are thus completely irrelevant to the
27 limited relief afforded by Section 683.170(a).
28
OPPOSITION TO MOTION TO VACATE RENEWAL OF JUDGMENT - PAGE 3
Accordingly, plaintiff will not address any of defendant’s arguments set forth in
defendants motion to vacate the renewed judgment.
Further, defendant’s arguments and proffered exhibits, which go to the merits of the
underlying complaint and not the renewal of the judgment, are substantially the same as were
presented to the court in 2014, which Judge Connolly found to be an attempt to reargue the issues
in the underlying case and do not present any of the grounds recognized by Code of Civil
Procedure §683.170(a) that would constitute a defense to an action on the judgment.
These were the same arguments and proffered exhibits the defendant presented to the
Court of Appeal, which, in upholding Judge Connolly’s decision, noted that “[T]he trial court
10 denied the motion [to vacate renewal of the judgment] as untimely and on substantive grounds”
ll (Emphasis added.)
12 It is contended that the trial court’s order denying defendant’s motion to vacate renewal
13 of the judgment in 2014 upon substantive grounds, upheld by the Court of Appeal in 2017, is res
14 judicata as between the parties to the litigation, where defendant now raises the same issues she
1S first presented to the trial in her first motion to vacate renewal of the judgment in 2014.
16 The defendant’s motion to vacate the renewal of the judgment is totally lacking in merit
17 and should be denied.
18
19 Dated: 4/8/2024 Respectfully submitted,
20
21 Timothy J”Morgan a
Plaintiff in Pro Per
22
23
24
25
26
27
28
OPPOSITION TO MOTION TO VACATE RENEWAL OF JUDGMENT - PAGE 4
Exhibit “A”
Order Denying Defendant’s Motion to Vacate Renewal of Judgment
Filed 7/16/2014
TIMOTHY J. MORGAN, SBN 057847
\Attorney at Law
121 Jewell Street
File
Santa Cruz, California 95060
|Telephone 831-429-9841
Fax 831-429-2824
Email: tmorgan@morganlaw.us AULA 2014
Plaintiff In Pro Per ALI W ep
BY: 06 i VO 9
DE PUTY
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CRUZ
10
11
TIMOTHY J. MORGAN, CASE NO. CV145349
12
Plaintiff, ORDER DENYING DEFENDANT’S
13 MOTION TO VACATE RENEWAL OF
VS. JUDGMENT
14 SUSANA P. GREEN, and DOES 1-5, Hearing:
15
INCLUSIVE, Date: 6/27/2014
Time: 8:30 AM
Defendants. Dept: 4
16
17
18
The motion of defendant, Susana P. Green, for an order to vacate the renewal of
19
Iplaintiff’s judgment, came on regularly for hearing before this court on June 27, 2014, the Hon.
20
[Rebecca Connolly, Judge, presiding. Both defendant, Susana P. Green, and plaintiff, Timothy J.
21
Morgan, appeared in pro per.
22
The court having reviewed all the pleadings filed in this matter, and having heard and
23
considered the arguments of the parties, finds that:
24
1 Defendant’s motion to vacate the renewal of the judgment was untimely filed.
25
[Defendant was served with the notice of renewal of the judgment on March 17, 2014. Pursuant to
26
\Code of Civil Procedure §683.170(b), the defendant had only 30 days after service of the notice
27
lof renewal of the judgment in which to file her motion to vacate the renewal of the judgment.
28
ORDER DENYING MOTION TO VACATE RENEWAL OF JUDGMENT - PAGE 1
Exnibit_Z Page_L_of
2
209
\Defendant’s first motion to vacate the renewal of the judgment was not filed until May 2, 2014,
more than 30 days after service on her of the notice of renewal of the judgment.
2 Defendant’s motion to vacate the renewal of the judgment is an attempt to reargue
the issues in the underlying case and does not present any of the grounds recognized by Code of
Civil Procedure §683.170(a) that would constitute a defense to an action on the judgment.
3 Defendant’s peremptory challenge of Judge Connglly pursuant to Code of Civil
[Procedure §170.6 was untimely, as it was not made by the defendant until after the judge had
lannounced her tentative decision to deny the defendant’s motion.
It is, therefore, ordered and decreed that the defendant’s motion to vacate the renewal of
10 [the judgment is denied as untimely and on substantive grounds, and that the defendant’s
1 lperemptory challenge of Judge Connolly pursuant to Code of Civil Procedure §170.6 is denied as
12 untimely.
13
14 Dated: 7/ 4 [14
Judge of the Superi 9
1S
REBEGGA CONNOL
16
17 \The foregoing conforms to the Order of the Court.
18
19 Susana P. Green, Defendant In Pro Per
20
21
22
23
24
25
26
27
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ORDER DENYING MOTION TO VACATE RENEWAL OF JUDGMENT - PAGE 2
Exhibit A
——' Page of
210
Exhibit “B”
Decision of Court of Appeal Upholding Trial Court’s Denial of
Defendant’s Motion to Vacate Renewal of Judgment
Filed 4/11/2017
Filed 4/11/17 Morgan v. Green CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and ties from citing or relying on opinions not certified for
publication or ordered published, except as s] pacified by rule
or ordered published for purposes of rule 8.1
3 115(b). This opinion has not been certified for publication
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
TIMOTHY J. MORGAN, H041244
(Santa Cruz County
Plaintiff and Respondent, Super. Ct. No. CV145349)
Vv.
SUSANA GREEN,
Defendant and Appellant.
Respondent Timothy J. Morgan is the judgment creditor of appellant Susana
Green. Appellant contends that the trial court erred when it denied her motion to vacate
renewal of the judgment. We affirm the order.
I. Procedural Background
On December 23, 2003, a money judgment was entered against appellant in favor
of plaintiff in the amount of $18,893.26.
On December 12, 2013, respondent filed an application for renewal of the
judgment. After subtracting credits after judgment and adding interest after judgment as
well as the fee for filing the renewal, the total renewed judgment was $25,786.38.
On March 17, 2014, notice of renewal of the judgment and application for and
renewal of the judgment was served on appellant.
Exhibit 2___Page_L_of 4
On May 2, 2014, appellant filed a notice of motion to vacate renewal of the
judgment. Appellant attached a declaration and various exhibits.
On June 27, 2014, the trial court held a hearing on the motion to vacate renewal of
the judgment. The trial court denied the motion as untimely and on substantive grounds
The trial court also denied appellant’s peremptory challenge to the trial judge, because it
was made after the judge had announced her tentative decision to deny appellant’s
motion.
IL. Discussion
The period that a judgment remains enforceable may be extended for 10 years by
the filing of an application for renewal. (Code Civ. Proc., §§ 683.020, 683.130.)
“[R]enewal does not create a new judgment or modify the present judgment. Renewal
merely extends the enforceability of the judgment.” (Jonathan Neil & Associates, Inc. v.
Jones (2006) 138 Cal.App.4th 1481, 1489.) After a judgment is renewed, the judgment
debtor has 30 days after service of the notice of renewal to move to vacate the renewal.
(Code Civ. Proc., § 683.170, subd. (b).)
Here, appellant was served with notice of renewal of the judgment and application
for and renewal of the judgment on March 17, 2014. Appellant filed the motion to vacate
renewal of the judgment on May 2, 2014, which was more than 30 days after service of
the notice of renewal of the judgment. Accordingly, the trial court properly denied
appellant’s motion as untimely.
Appellant, who is representing herself, has raised several issues. She contends:
(1) the trial court “erred in allowing my constitutional rights to be violated, when it
decided to allow the [respondent] in a fiduciary position to use[] the Marsden Formula”;
(2) the trial court erred, because “[t]he lien is over ten years old and not once did
[respondent] contact me”; (3) there was “a triable issue as to whether the agreement was
induced by [respondent’s] material misrepresentations”; and (4) respondent “acted in
2
eviibit_B Page-Z_of 4
violation of the criminal statutes.” However, none of appellant’s contentions relate to the
timeliness of her motion to vacate the renewal of the judgment.
Appellant’s request for damages, attorney’s fees, and other costs is denied, since
there is no basis on which to award damages, attorney’s fees, and other costs.
III. Disposition
The order is affirmed.
3
2 _-Pageof_34.
evnibit _—
Mihara, J.
WE CONCUR:
Elia, Acting P. J.
Bamattre-Manoukian, J
4
2 bi
evni of 2.
Page t_
Exhibit “C”
Application for Renewal of Judgment
4 .a
View Document - CV145349 - Application for Renewal of Judgmentpdf
Pages: 2
EJ-190
RITSIREY SE RTT WTS ATOR Wie oe ou Reo wannain —
[Timoiy JMorgan (Bar # 57847)
| Law Offices of Timothy J. Morgan’
| 121 Jewell Street, Santa Cruz, CA 95060
|e wo. (831) 429-9841
(CCI aroma -mperganmoregals
fea, scones W.US.
C ASsiCNSE
£ DITOR OF RECORG.
Ieeremon count oF cauiromen coumtvor SAN TA CRUZ
steer seoress. 70] Ocean Street
hans ACORESS.
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Jory ano zr coon Santa Cruz 95060
joraxcienane Santa Cruz
ee FOR RECORE: USE ON
1 Puan FF: Timothy J. Morgan Se MUNBER
DEFENDANT: Susana P. Green CV145349
| APPLICATION FOR AND RENI EWAL OF JUDGMENT ti
I ~ FOR COURT USE ONLY
(3C} Judgment creaitor im
[777 Assignee of record ELECTRONICALLY FILED
applies for renewal of the judgment as follows: Superior Court of Califomia
County of Santa Cruz
1 Applicant (name and address): 10/24/2023 12:04 PM
Timothy J. Morgan Clerk of the Court by Deputy,
121 Jewel! Street, Santa Cruz, CA 95060 Karen, rou ton
Judgment debtor (name and last known adaress}
Susana P. Green
17250 Biz Basin Way, Boulder Creek, CA 95006 - — J
Original judgment
3. Case number (specify CV 145349
b Enteredon (oate): December 23, 2003
© Recorded:
(1) Date: January 2, 2004
(2) County: Santa Cruz
(3) Instrument No.: 2004-0000196
CCT Judgment previously renewed fspecity each
case aumber and dete),
CV 145349
December 12. 2013
XU} Renewal of money judi
Total judgment een 25,786.38
Costs after judgment
Subtotal (add a and b) .
Credits after judgment oo 2:25,7! 3B
‘Subtotal (subtract d trom c)
Interest after judgment . So _ 25,786.38
25,434.34
Fee for filing renewal application 5 45.00
Total renewed judgment (add e, f.and.9) § 51,2 72
i £ -} The amounts calied for in items a-h are aiferen
t lor bach deblor
These emounts are stated for each debtor on Atlach
— a ment 5
FonsAeros Ona se ~ ~~. ee _ Pegs ee?
detidel Coursk
al Catterae
st80 fev vorcane 1 20%) APPLICATION FOR AND REI NEWAL OF Co of Gr season $683.10 seo
JUDGMENT : sew eocie 2a ps
J ennsNerist: Autconaieu) Califermia Jude tal Cowril Forms
Exhibit c Pagel
of 2.
we . ae
SHORT TITLE: T T “CASE NRABERE
L a Morgan v Green CV145349
en
5. }. The money judgment (check all that apply’)
Q) 2] has a pnncipat amount remaining unsatisi ‘ed of under 550,000 ana
is for a claim related to personal debt.
(2) 1 has a principal amount remaining unsatisfied of uncer $200,000 and is for a claim
related to medical expenses.
3) XC; relates to any other claims, including claims for personal debt or medical expanses that do not
items (1) or (2), otherwise fit within
. -—
j Note: From the point when the unsalisfied princi ipa! amount is below $50,000 for personal
expense claims, a judgment against 2 nature! Person may only be renewed once, for five years debt claims or $200,000 for medical
filed. (Code Civ. Proc, 58 683.110-683,120.) trom the date an application fs |
_ —~ ne |i
6. OX] Renewal
of judgment for _]} possession.
I ] sale.
@ 77] It jvogment was not previously renewed, terms of judgrnent as
entered:
b. LJ Hfjudament was previously renewed. terms of judgment as last
renewed.
Judgment renewed in the amount of $25,786.38,
together with interest on the judgment. as provided
Jaw. Plaintiff shall have a lien on all real and personal properti
es and money to be distributed to
defendant Susana P. Green by y the administrator of the estate
of Stephen O. Green, deceased,
pending in this court as Case No. PR42039, for the purpose
of securing this judgment.
© [XJ Terms ot judgment remaining unsatisfied:
Nothing has been paid or credited on the renewed Judgin
ent in the amount of $25,786.38.
| declare under penatty of pesjury under the laws of the State of
California that the foregoing is true and correct
Date: October 24, 2023
— a T imothy J Morgan. a
{TYRE OA PRINT WAKE,
——_.
Bsama liter sarees 9, 2023 APPLICATION FOR "AND RENEWAL OF SUDGMENT Pome rot
Jensticas Sutonsated Cotforme padcial Council Forms
Pages: 2 .
“Download Document
Exhibit é Page of 2%
Exhibit “D”
Notice of Renewal of Judgment
far NEV OR PART WITHOUI ATTORNEY a ee aan Eu-198
|
TATE RAR NUMA
wave Timothy J Morgan FOR COURT USE ORLY
reuse Law Offices of Timothy J, Morgan
stares annress 121 Jewell Street
rom Santa Cruz sta CA zp cone. 95060
Teemnonenc (831) 429-984] ranno. (831) 429-2824
| ewan aooness. tmorgan Organlaw.us
ATTORNEY
FOR wre Plaintiff in Pro Per
[SUPERIOR COURT OF CALIFORNIA. COUNTY OF coe _i
SANTA CRI”
smeeraopness:7()1 Ocean Street
| MAILING ADORESS
lon axoz cove. Santa Cruz 950
60
IRARGH NAMI © Santa Cruz
oe oe |
PLAINTIFF. Timothy J. Morgan
DEFEND)
a "Susana P. Green. eee — a
ii
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NOTICE OF RENEWAL OF JUDeM ENT | CASE NUMBER
L| —_. — — os oi | _CV145349
TO JUDGMENT DEBTOR jname): Susana P, Green
1 This renewal extends the pariad of enforceatillily of
the judgment (see Code Civ. Proc. § 683.170 81 seq.).
2 If you abject to this renewal, you May make @ motion
to vacate or moaliy the rene wai with this court
3. You must make this motion within 60 days after service
of this notice on you.
4. A copy of the Application for and Renews! of Judgin
ent is attached (Cal, Rui #88 of Court, rie 3.1960).
bate; __ 10/24/2023
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View Document - CV145349 - Application for Renewal of Judgmentpdf
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Faroe EJs’
[Bene moneonRENT WINS ATTORNEY Wi wAaES wi Bim Biv ao —-. a
| Timothy J Morgan (Bar ¢ 57847)
j Law Offices of Timothy J. Morgan’
{121 Jewell Street, Santa Cruz, CA 95060
tex wo (831) 429-9841
| EMAL ADDAESS tr0) an@moreanta W.US
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RECORD
Jeureaton count oF cautronwn county oF SANTA CRUZ
Istmesr aconess. 701 Ocean Street
Jhwiins AGOREaS.
ler ane ze cooz Santa Cruz 95060
|BPASCH NAME.
4|
cee Ss: Cruz—
FoR RECOR ony
| PLAINTIFF: imothy Morgan Tawar
DEFENDANT:
a Susana P, Green | CV145349
APPLICATION FOR AND RENEWAL OF JUDGM
ne ENT FOR COURT
Use OMY
GG} Judgment creditor a
[77 Assigneeof record ELECTRONICALLY FILED
applies for renewal of the judgment as faliows: Superior Court of Califomia
County of Santa Cruz
1 Applicant (rams and address) 10/24/2023 12:04 PM
Timothy J. Morgan Clerk of the Court by Deputy,
121 Jewell Street, Santa Cruz, CA 95060 Karen Brougbton
Jedgment debtor (name and last known adaress). ;
Susana P. Green i i
17250 Big Basin Way, Boulder Creek, CA 95006 bn |
Origina! judgment
a Case number (specity): CV 145349
b Enteredon (date): December 23,
2003
c Recorded:
(1) Date: January 2, 2004
«2) County: Santa Cruz
(3) Instrument No: 2004-0000196
[3C] Judgment previously Tenewod /specity each
case aumher and dete):
CV 145349
December 12, 2013
XJ} Renewal of mone y iudgment
a Total judgment 2
Costs after judgment 25.786. 8
Subtotal (add a and b) .
Credits after judgment aan. noe 235,786.38
Subtotal (subtract d from c}
Jolerest after judgment — coe 25,786.38
Fee for fling renewal application 25.454. 34
Total renawad judgment (add e, 1. andg) 3 45.00
{ _] The amounts catied for in items a-h are’
§ 51,285.72
These emounts are stated fer each dabtordiffete nt for each deblor
on Atachment
Frigpows a ce —~.
205dat Courck ot Oo ine We ee - _ Page sot
E5180 few sercary 1 2023) APPLICAT ION FOR AND RENEWAL OF JUDG
MENT
Ce of Grd Praca 70§ 683.1 0 a sea
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Jenn Neris®: Autonaied California Jude ral Council Forms
2.
exnibit_D2_Page-2_of
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[sor TMe: “7 ! "CASE Nuva:
a _ Morgan v Green me CV145349
—
5. J. The money judgment {check ail that auply)
a 7°] has a pnncipal mount remaining unsatish ied of under $50,000 ana is for a claim related
to personal debt.
(2) CJ has a principal arnount remaining unsatisfied of under $200,000 and is for a elaim
tolated 10 medical expenses,
3) (AC, relates to any other claims, inctudin 1g Claims for personal debt or medical expenses that
items (1) or (2) do not otherwise fit within
oe -
j Note: From the point when the unsalisfieg princi ipal amount is below $50,000
expense claims, a judgment against a nati uralal person may only be renewed for persona! debi cialms or $200,000 far medical
| filed. (Code Civ Proc.,§§ 683.110-683 | 20.) once, for five years trom the date an application is
— a
6. TX] Renewal of judgment for I possession
J sale
|] Stjusgment was not previously renewed, terms of judgment
as entered
b. (2X) Ht judgment was previously renewed, terms of
judgment as fast renewed:
Judgment renewed in the amount of $25,786.38, together with interest on the judgment as provided
by Jaw. Plaintiff shall have a fien on all real
and personal properties and money to be distributed to
defendant Susana P. Green by the ad ministrator
of the estate of Stephen O. Green, deceased,
pending in this court as Case No. PR: 42039, for the purpose of securing this judgment.
© {X] Terms of judgment remaining unsatisfied:
Nothing has been paid or eredited on the renewed judgment in
the amount of $25,786.38.
| declare under penatty of perjury under the laws of the
State of Cat ‘fornia that the foregoing is true and correct
Date: October 24, 2023
—-——.-___Timothy
J Morgan GTYPE OR PRINT Wale? aa be.hve :
Sate
SNARE OF DER ARAN P
-———
BJav0 Rev Javea 1 2023
APPLICATION
FOR AND RENEWAL OF JUDGMENT a ——
Pane 3at2
Famubiexts & Automated Colyforna Aadicial Council Forms
Pages: 2
Exnibit_)__Page_3_of 3.
Exhibit “E”
Proof of Service: Notice of Renewal of Judgment
and Application for and Renewal of Judgment
POS-030
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Ber number, aid actiress) FOR COURT USE ONLY
Timothy J Morgan (Bar # 57847)
Law Offices of Timothy J. Morgan
121 Jewell Street
Santa Cruz, CA 95060
teverHone no. (831) 429-984]
E-MAIL ADORESS (Opionay. (morgan@morganlaw.us Fax NO (Cptorat) (831) 429-2824
ATTORNEY FOR (wene) Timothy J. Morgan, Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ
street aporess 7()] Ocean Street
MAILING ADDRESS
crvanp zp cove: Santa Cruz 95060
srancH name: Santa Cruz
PETITIONER/PLAINTIFF: Timothy J. Morgan
RESPONDENT/DEFENDANT:Susana P. Green
CASE NUMBER:
PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL
CV145349
(Do not use this Proof of Service to show service of a Summons and Complaint
)
1 am over 18 years of age and not a party to this action. | am a resident of or employed
in the county where the mailing
took place.
My residence or business address is: 121 Jewell Street
Santa Cruz, CA 95060
On (date): 10/31/2023 I mailed from (city and state): Santa Cruz, CA
the following documents (specify):
Notice of Renewal of Judgment
Application for and Renewal of Judgment
(J The documents are listed in the Attachment to Proof of Service by First-Class Mait—Civil (Documents Served)
(form POS-030(D)).
| served the documents by enclosing them in an envelope and (check
one):
a. [X] depositing the sealed envelope with the United States Postal Service
with the postage fully prepaid.
b. [1] placing the envelope for collection and mailin 1g following our ordinary business practices, | am feadily
familiar with this
business's practice for collecting and processi Ng correspondence
for mailing. On the same day that correspondence is
Placed for coliection and Mailing, it is dey posited in the ordinary
course of business with the United States Posial Service in
a sealed envelope with postage fully pre repaid.
‘The envelope was addressed and mailed as follows:
a. Name of person served: Susana P. Green
b. Address of person served:
17250 Big Basin Way
Boulder Creek, CA 95006
(J The name and address of each person to wi hom | mailed the documents is
listed in the Attachment to Proof of Service
(POS-030(P)),
by First-Class Mait—Civil (Parsons Served)
| declare under penalty of perjury under the laws of the Stale of California that
the foregoing is true and correct,
Date: October 31, 2023
Kristine Hoover
(TYPE OF PRINT NAME OF PERSON COMPLETING THIS FORM)
s
EZ pecslaca. ZL
Form Approved for Optional Use (SIGNATURE OF PERSON COMPLETING THIS FORM)
} Court of Catfornia
POS.030 [New Jenusry 1, 2605] PROOF OF SERVI CE BY FIRST -CLAS S MAIL—CIVIL Codeof Civil Procedtire, §§ 1013 1013
( Proof of Service} ) wew.courants.c@ gov
Exhibit Ao Page _bOf seri
L sienis® susomated California Judicial Council Forms
Exhibit “F”
Defendant’s Notice of Motion to Vacate Renewal of Judgment
Susana Green, Pro se FOR COURT USE ONLY
17250 Big Basin Way,
F
Boulder Creek, CA 95006
(831) 252-0818 ILE
Susanagreen4@gmail.com
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA| DEC 29 2023
CRUZ
CLERK OF THE COURT
701 Ocean Street BY JESSICA BETANCOURT-GOME
Preview
TIMOTHY J. MORGAN, SBN 057847 Attorney at Law 121 Jewell Street Santa Cruz, California 95060 Telephone 831-429-9841 Fax 831-429-2824 In Pro Per SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CRUZ 10 TIMOTHY J. MORGAN, CASE NO. CV145349 11 Plaintiff, OPPOSITION TO MOTION TO VACATE 12 RENEWAL OF JUDGMENT; vs. MEMORANDUM OF POINTS AND 13 AUTHORITIES IN OPPOSITION TO SUSANA P. GREEN, and DOES 1-5, MOTION TO VACATE RENEWAL OF 14 INCLUSIVE, JUDGMENT 15 Defendants. Next Hearing: Date: 4/15/2024 16 Time: 8:30 AM 17 Dept: 5 18 19 Plaintiff Timothy J. Morgan submits the following opposition to defendant’s motion to 20 vacate the renewal of plaintiff's judgment. 21 Procedural Facts 22 On December 23, 2003, this court made and entered its judgment in favor of plaintiff and 23 against defendant, Susana P. Green, in the amount of $16,798.48, principal; interest thereon at 24 the rate of ten percent per annum from September 12, 2002, to the date of the judgment, in the 25 amount of $1,744.28; and plaintiff's costs and disbursements in the sum of $350.00; together 26 with interest on the judgment as provided by law. 27 The judgment recited that the defendant was regularly served with summons by 28 OPPOSITION TO MOTION TO VACATE RENEWALOF JUDGMENT - PAGE 1 publication; that the defendant failed to appear and answer plaintiff's complaint within the time allowed by law; that the default of the defendant was entered; and that proof of publication and of the allegations of plaintiff's complaint were made to the satisfaction of the court. Notice of Entry of Judgment was given to the defendant by mail on December 23, 2003. An application for renewal of the judgment was timely filed, and Notice of Renewal of Judgment was given by the court on December 12, 2013. Defendant filed her first motion to vacate the renewal of the judgment on May 13, 2014. Ata hearing held on June 27, 2014, the Hon. Rebecca Connolly, Judge of the Superior Court, denied defendant’s motion to vacate the renewal of the judgment on two grounds: (a) that 10 the motion to vacate the renewal of the judgment was untimely filed, and (b) that defendants’ 11 motion to vacate the renewal of the judgment was an attempt to reargue the issues in the 12 underlying case and did not present any of the grounds recognized by Code of Civil Procedure 13 §683.170(a) that would constitute a defense to an action on the judgment. A true and correct 14 copy of Judge Connolly’s Order Denying Defendant’s Motion to Vacate Renewal of Judgment, 15 entered on July 16, 2014, is attached hereto as Exhibit “A.” 16 Defendant thereafter appealed the trial court’s order denying her motion to vacate the 17 renewal of the judgment. On April 1, 2017, the Court of Appeal, Sixth Appellate District, filed 18 its decision upholding the trial court’s denial of defendant’s motion to vacate the renewal of the 19 judgment and denying defendant’s request for damages, attorney’s fees, and other costs, since the 20 court found no basis on which to award damages, attoprney’s fees, and other costs. A true and 21 correct copy of the Court of Appeal’s decision in Morgan v. Green, H041244, filed April 11, 22 2017, is attached hereto as Exhibit “B.” 23 On October 24, 2023, plaintiff filed his application to renew the judgment in the amount 24 of $51,285.72. A true and correct copy of plaintiff's Application for Renewal of Judgment is 25 attached as Exhibit “C.” 26 On October 24, 2023, the Clerk of the Court issued its Notice of Renewal of Judgment in 27 the amount of $51,285.72. A true and correct copy of the Notice of Renewal of Judgment is 28 OPPOSITION TO MOTION TO VACATE RENEWAL OF JUDGMENT - PAGE 2 attached as Exhibit “D.” On October 31, 2023, the Notice of Renewal of Judgment and Application for Renewal of Judgment was mailed to defendant at defendant as shown in the Proof of Service, a true and correct copy of which is attached as Exhibit “E.” On December 29, 2023, defendant filed her Notice of Motion to Vacate Renewal of Judgment. A true and correct copy of said Notice of Motion is attached hereto as Exhibit “F.” Points and Authorities Code of Civil Procedure Sections 683.110 through 683.220 govern the renewal of 10 judgments. 1 Section 683.170(a) of the Code of Civil Procedure provides that “The renewal of a 12 judgment pursuant to this article may be vacated on any ground that would be a defense to an 13 action on the judgment, including the ground that the amount of the renewed judgment as entered 14 pursuant to this article is incorrect...” The judgment debtor bears the burden of proving by a 15 preponderance of the evidence that he or she is entitled to relief. 16 An action on a judgment is an independent proceeding authorized by Code of Civil 17 Procedure Section 683.050, which provides, “Nothing in this chapter limits any right the 18 judgment creditor may have to bring an action on a judgment, but any such action shall be 19 commenced within the period prescribed by Section 337.5.” 20 Defendant’s motion to vacate the judgment is not predicated on any grounds recognized 21 by CCP Section 683.170(a). Those grounds are limited to those that would be a defense to an 22 action on the judgment, not on the underlying complaint, such as whether jurisdiction had been 23 acquired over the defendant, and whether the amount of the renewed judgment is correct. 24 CCP Section 683.170(a) does not authorize relitigating the underlying complaint that 25 gave rise to the judgment which is being renewed.. All of defendant’s arguments and proffered 26 exhibits go to the merits of the underlying complaint and are thus completely irrelevant to the 27 limited relief afforded by Section 683.170(a). 28 OPPOSITION TO MOTION TO VACATE RENEWAL OF JUDGMENT - PAGE 3 Accordingly, plaintiff will not address any of defendant’s arguments set forth in defendants motion to vacate the renewed judgment. Further, defendant’s arguments and proffered exhibits, which go to the merits of the underlying complaint and not the renewal of the judgment, are substantially the same as were presented to the court in 2014, which Judge Connolly found to be an attempt to reargue the issues in the underlying case and do not present any of the grounds recognized by Code of Civil Procedure §683.170(a) that would constitute a defense to an action on the judgment. These were the same arguments and proffered exhibits the defendant presented to the Court of Appeal, which, in upholding Judge Connolly’s decision, noted that “[T]he trial court 10 denied the motion [to vacate renewal of the judgment] as untimely and on substantive grounds” ll (Emphasis added.) 12 It is contended that the trial court’s order denying defendant’s motion to vacate renewal 13 of the judgment in 2014 upon substantive grounds, upheld by the Court of Appeal in 2017, is res 14 judicata as between the parties to the litigation, where defendant now raises the same issues she 1S first presented to the trial in her first motion to vacate renewal of the judgment in 2014. 16 The defendant’s motion to vacate the renewal of the judgment is totally lacking in merit 17 and should be denied. 18 19 Dated: 4/8/2024 Respectfully submitted, 20 21 Timothy J”Morgan a Plaintiff in Pro Per 22 23 24 25 26 27 28 OPPOSITION TO MOTION TO VACATE RENEWAL OF JUDGMENT - PAGE 4 Exhibit “A” Order Denying Defendant’s Motion to Vacate Renewal of Judgment Filed 7/16/2014 TIMOTHY J. MORGAN, SBN 057847 \Attorney at Law 121 Jewell Street File Santa Cruz, California 95060 |Telephone 831-429-9841 Fax 831-429-2824 Email: tmorgan@morganlaw.us AULA 2014 Plaintiff In Pro Per ALI W ep BY: 06 i VO 9 DE PUTY SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CRUZ 10 11 TIMOTHY J. MORGAN, CASE NO. CV145349 12 Plaintiff, ORDER DENYING DEFENDANT’S 13 MOTION TO VACATE RENEWAL OF VS. JUDGMENT 14 SUSANA P. GREEN, and DOES 1-5, Hearing: 15 INCLUSIVE, Date: 6/27/2014 Time: 8:30 AM Defendants. Dept: 4 16 17 18 The motion of defendant, Susana P. Green, for an order to vacate the renewal of 19 Iplaintiff’s judgment, came on regularly for hearing before this court on June 27, 2014, the Hon. 20 [Rebecca Connolly, Judge, presiding. Both defendant, Susana P. Green, and plaintiff, Timothy J. 21 Morgan, appeared in pro per. 22 The court having reviewed all the pleadings filed in this matter, and having heard and 23 considered the arguments of the parties, finds that: 24 1 Defendant’s motion to vacate the renewal of the judgment was untimely filed. 25 [Defendant was served with the notice of renewal of the judgment on March 17, 2014. Pursuant to 26 \Code of Civil Procedure §683.170(b), the defendant had only 30 days after service of the notice 27 lof renewal of the judgment in which to file her motion to vacate the renewal of the judgment. 28 ORDER DENYING MOTION TO VACATE RENEWAL OF JUDGMENT - PAGE 1 Exnibit_Z Page_L_of 2 209 \Defendant’s first motion to vacate the renewal of the judgment was not filed until May 2, 2014, more than 30 days after service on her of the notice of renewal of the judgment. 2 Defendant’s motion to vacate the renewal of the judgment is an attempt to reargue the issues in the underlying case and does not present any of the grounds recognized by Code of Civil Procedure §683.170(a) that would constitute a defense to an action on the judgment. 3 Defendant’s peremptory challenge of Judge Connglly pursuant to Code of Civil [Procedure §170.6 was untimely, as it was not made by the defendant until after the judge had lannounced her tentative decision to deny the defendant’s motion. It is, therefore, ordered and decreed that the defendant’s motion to vacate the renewal of 10 [the judgment is denied as untimely and on substantive grounds, and that the defendant’s 1 lperemptory challenge of Judge Connolly pursuant to Code of Civil Procedure §170.6 is denied as 12 untimely. 13 14 Dated: 7/ 4 [14 Judge of the Superi 9 1S REBEGGA CONNOL 16 17 \The foregoing conforms to the Order of the Court. 18 19 Susana P. Green, Defendant In Pro Per 20 21 22 23 24 25 26 27 28 ORDER DENYING MOTION TO VACATE RENEWAL OF JUDGMENT - PAGE 2 Exhibit A ——' Page of 210 Exhibit “B” Decision of Court of Appeal Upholding Trial Court’s Denial of Defendant’s Motion to Vacate Renewal of Judgment Filed 4/11/2017 Filed 4/11/17 Morgan v. Green CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and ties from citing or relying on opinions not certified for publication or ordered published, except as s] pacified by rule or ordered published for purposes of rule 8.1 3 115(b). This opinion has not been certified for publication IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT TIMOTHY J. MORGAN, H041244 (Santa Cruz County Plaintiff and Respondent, Super. Ct. No. CV145349) Vv. SUSANA GREEN, Defendant and Appellant. Respondent Timothy J. Morgan is the judgment creditor of appellant Susana Green. Appellant contends that the trial court erred when it denied her motion to vacate renewal of the judgment. We affirm the order. I. Procedural Background On December 23, 2003, a money judgment was entered against appellant in favor of plaintiff in the amount of $18,893.26. On December 12, 2013, respondent filed an application for renewal of the judgment. After subtracting credits after judgment and adding interest after judgment as well as the fee for filing the renewal, the total renewed judgment was $25,786.38. On March 17, 2014, notice of renewal of the judgment and application for and renewal of the judgment was served on appellant. Exhibit 2___Page_L_of 4 On May 2, 2014, appellant filed a notice of motion to vacate renewal of the judgment. Appellant attached a declaration and various exhibits. On June 27, 2014, the trial court held a hearing on the motion to vacate renewal of the judgment. The trial court denied the motion as untimely and on substantive grounds The trial court also denied appellant’s peremptory challenge to the trial judge, because it was made after the judge had announced her tentative decision to deny appellant’s motion. IL. Discussion The period that a judgment remains enforceable may be extended for 10 years by the filing of an application for renewal. (Code Civ. Proc., §§ 683.020, 683.130.) “[R]enewal does not create a new judgment or modify the present judgment. Renewal merely extends the enforceability of the judgment.” (Jonathan Neil & Associates, Inc. v. Jones (2006) 138 Cal.App.4th 1481, 1489.) After a judgment is renewed, the judgment debtor has 30 days after service of the notice of renewal to move to vacate the renewal. (Code Civ. Proc., § 683.170, subd. (b).) Here, appellant was served with notice of renewal of the judgment and application for and renewal of the judgment on March 17, 2014. Appellant filed the motion to vacate renewal of the judgment on May 2, 2014, which was more than 30 days after service of the notice of renewal of the judgment. Accordingly, the trial court properly denied appellant’s motion as untimely. Appellant, who is representing herself, has raised several issues. She contends: (1) the trial court “erred in allowing my constitutional rights to be violated, when it decided to allow the [respondent] in a fiduciary position to use[] the Marsden Formula”; (2) the trial court erred, because “[t]he lien is over ten years old and not once did [respondent] contact me”; (3) there was “a triable issue as to whether the agreement was induced by [respondent’s] material misrepresentations”; and (4) respondent “acted in 2 eviibit_B Page-Z_of 4 violation of the criminal statutes.” However, none of appellant’s contentions relate to the timeliness of her motion to vacate the renewal of the judgment. Appellant’s request for damages, attorney’s fees, and other costs is denied, since there is no basis on which to award damages, attorney’s fees, and other costs. III. Disposition The order is affirmed. 3 2 _-Pageof_34. evnibit _— Mihara, J. WE CONCUR: Elia, Acting P. J. Bamattre-Manoukian, J 4 2 bi evni of 2. Page t_ Exhibit “C” Application for Renewal of Judgment 4 .a View Document - CV145349 - Application for Renewal of Judgmentpdf Pages: 2 EJ-190 RITSIREY SE RTT WTS ATOR Wie oe ou Reo wannain — [Timoiy JMorgan (Bar # 57847) | Law Offices of Timothy J. Morgan’ | 121 Jewell Street, Santa Cruz, CA 95060 |e wo. (831) 429-9841 (CCI aroma -mperganmoregals fea, scones W.US. C ASsiCNSE £ DITOR OF RECORG. Ieeremon count oF cauiromen coumtvor SAN TA CRUZ steer seoress. 70] Ocean Street hans ACORESS. __l Jory ano zr coon Santa Cruz 95060 joraxcienane Santa Cruz ee FOR RECORE: USE ON 1 Puan FF: Timothy J. Morgan Se MUNBER DEFENDANT: Susana P. Green CV145349 | APPLICATION FOR AND RENI EWAL OF JUDGMENT ti I ~ FOR COURT USE ONLY (3C} Judgment creaitor im [777 Assignee of record ELECTRONICALLY FILED applies for renewal of the judgment as follows: Superior Court of Califomia County of Santa Cruz 1 Applicant (name and address): 10/24/2023 12:04 PM Timothy J. Morgan Clerk of the Court by Deputy, 121 Jewel! Street, Santa Cruz, CA 95060 Karen, rou ton Judgment debtor (name and last known adaress} Susana P. Green 17250 Biz Basin Way, Boulder Creek, CA 95006 - — J Original judgment 3. Case number (specify CV 145349 b Enteredon (oate): December 23, 2003 © Recorded: (1) Date: January 2, 2004 (2) County: Santa Cruz (3) Instrument No.: 2004-0000196 CCT Judgment previously renewed fspecity each case aumber and dete), CV 145349 December 12. 2013 XU} Renewal of money judi Total judgment een 25,786.38 Costs after judgment Subtotal (add a and b) . Credits after judgment oo 2:25,7! 3B ‘Subtotal (subtract d trom c) Interest after judgment . So _ 25,786.38 25,434.34 Fee for filing renewal application 5 45.00 Total renewed judgment (add e, f.and.9) § 51,2 72 i £ -} The amounts calied for in items a-h are aiferen t lor bach deblor These emounts are stated for each debtor on Atlach — a ment 5 FonsAeros Ona se ~ ~~. ee _ Pegs ee? detidel Coursk al Catterae st80 fev vorcane 1 20%) APPLICATION FOR AND REI NEWAL OF Co of Gr season $683.10 seo JUDGMENT : sew eocie 2a ps J ennsNerist: Autconaieu) Califermia Jude tal Cowril Forms Exhibit c Pagel of 2. we . ae SHORT TITLE: T T “CASE NRABERE L a Morgan v Green CV145349 en 5. }. The money judgment (check all that apply’) Q) 2] has a pnncipat amount remaining unsatisi ‘ed of under 550,000 ana is for a claim related to personal debt. (2) 1 has a principal amount remaining unsatisfied of uncer $200,000 and is for a claim related to medical expenses. 3) XC; relates to any other claims, including claims for personal debt or medical expanses that do not items (1) or (2), otherwise fit within . -— j Note: From the point when the unsalisfied princi ipa! amount is below $50,000 for personal expense claims, a judgment against 2 nature! Person may only be renewed once, for five years debt claims or $200,000 for medical filed. (Code Civ. Proc, 58 683.110-683,120.) trom the date an application fs | _ —~ ne |i 6. OX] Renewal of judgment for _]} possession. I ] sale. @ 77] It jvogment was not previously renewed, terms of judgrnent as entered: b. LJ Hfjudament was previously renewed. terms of judgment as last renewed. Judgment renewed in the amount of $25,786.38, together with interest on the judgment. as provided Jaw. Plaintiff shall have a lien on all real and personal properti es and money to be distributed to defendant Susana P. Green by y the administrator of the estate of Stephen O. Green, deceased, pending in this court as Case No. PR42039, for the purpose of securing this judgment. © [XJ Terms ot judgment remaining unsatisfied: Nothing has been paid or credited on the renewed Judgin ent in the amount of $25,786.38. | declare under penatty of pesjury under the laws of the State of California that the foregoing is true and correct Date: October 24, 2023 — a T imothy J Morgan. a {TYRE OA PRINT WAKE, ——_. Bsama liter sarees 9, 2023 APPLICATION FOR "AND RENEWAL OF SUDGMENT Pome rot Jensticas Sutonsated Cotforme padcial Council Forms Pages: 2 . “Download Document Exhibit é Page of 2% Exhibit “D” Notice of Renewal of Judgment far NEV OR PART WITHOUI ATTORNEY a ee aan Eu-198 | TATE RAR NUMA wave Timothy J Morgan FOR COURT USE ORLY reuse Law Offices of Timothy J, Morgan stares annress 121 Jewell Street rom Santa Cruz sta CA zp cone. 95060 Teemnonenc (831) 429-984] ranno. (831) 429-2824 | ewan aooness. tmorgan Organlaw.us ATTORNEY FOR wre Plaintiff in Pro Per [SUPERIOR COURT OF CALIFORNIA. COUNTY OF coe _i SANTA CRI” smeeraopness:7()1 Ocean Street | MAILING ADORESS lon axoz cove. Santa Cruz 950 60 IRARGH NAMI © Santa Cruz oe oe | PLAINTIFF. Timothy J. Morgan DEFEND) a "Susana P. Green. eee — a ii eo ene - NOTICE OF RENEWAL OF JUDeM ENT | CASE NUMBER L| —_. — — os oi | _CV145349 TO JUDGMENT DEBTOR jname): Susana P, Green 1 This renewal extends the pariad of enforceatillily of the judgment (see Code Civ. Proc. § 683.170 81 seq.). 2 If you abject to this renewal, you May make @ motion to vacate or moaliy the rene wai with this court 3. You must make this motion within 60 days after service of this notice on you. 4. A copy of the Application for and Renews! of Judgin ent is attached (Cal, Rui #88 of Court, rie 3.1960). bate; __ 10/24/2023 a . a Clerk, by stig —.._ » Deputy v a Iseay At BLOF sy ms ee (ee a oS oe s) catoS WS Fy ag oe a [See Bode ot Cian ® Form Adopted tor wancwtery Use a 86. 0 tar information ar oasis | Jutieal Coan ef Caléorn ia Raye tot) ENDS (Rev. Jonutey 1, 2023) NOTICE OF RENEWAL OF JUDGMENT Coda bt tiv Procedure, § 689.160 Wem sates doy Lexighexis® Auscimeaiedd Californie dudictal Counett Form: 2. exnibit_D__Page_L_of View Document - CV145349 - Application for Renewal of Judgmentpdf Pages: 2 Faroe EJs’ [Bene moneonRENT WINS ATTORNEY Wi wAaES wi Bim Biv ao —-. a | Timothy J Morgan (Bar ¢ 57847) j Law Offices of Timothy J. Morgan’ {121 Jewell Street, Santa Cruz, CA 95060 tex wo (831) 429-9841 | EMAL ADDAESS tr0) an@moreanta W.US f co 3] Aorvey J Gnepror Ss" OFassicnst. RECORD Jeureaton count oF cautronwn county oF SANTA CRUZ Istmesr aconess. 701 Ocean Street Jhwiins AGOREaS. ler ane ze cooz Santa Cruz 95060 |BPASCH NAME. 4| cee Ss: Cruz— FoR RECOR ony | PLAINTIFF: imothy Morgan Tawar DEFENDANT: a Susana P, Green | CV145349 APPLICATION FOR AND RENEWAL OF JUDGM ne ENT FOR COURT Use OMY GG} Judgment creditor a [77 Assigneeof record ELECTRONICALLY FILED applies for renewal of the judgment as faliows: Superior Court of Califomia County of Santa Cruz 1 Applicant (rams and address) 10/24/2023 12:04 PM Timothy J. Morgan Clerk of the Court by Deputy, 121 Jewell Street, Santa Cruz, CA 95060 Karen Brougbton Jedgment debtor (name and last known adaress). ; Susana P. Green i i 17250 Big Basin Way, Boulder Creek, CA 95006 bn | Origina! judgment a Case number (specity): CV 145349 b Enteredon (date): December 23, 2003 c Recorded: (1) Date: January 2, 2004 «2) County: Santa Cruz (3) Instrument No: 2004-0000196 [3C] Judgment previously Tenewod /specity each case aumher and dete): CV 145349 December 12, 2013 XJ} Renewal of mone y iudgment a Total judgment 2 Costs after judgment 25.786. 8 Subtotal (add a and b) . Credits after judgment aan. noe 235,786.38 Subtotal (subtract d from c} Jolerest after judgment — coe 25,786.38 Fee for fling renewal application 25.454. 34 Total renawad judgment (add e, 1. andg) 3 45.00 { _] The amounts catied for in items a-h are’ § 51,285.72 These emounts are stated fer each dabtordiffete nt for each deblor on Atachment Frigpows a ce —~. 205dat Courck ot Oo ine We ee - _ Page sot E5180 few sercary 1 2023) APPLICAT ION FOR AND RENEWAL OF JUDG MENT Ce of Grd Praca 70§ 683.1 0 a sea awesome pn Jenn Neris®: Autonaied California Jude ral Council Forms 2. exnibit_D2_Page-2_of a we ee [sor TMe: “7 ! "CASE Nuva: a _ Morgan v Green me CV145349 — 5. J. The money judgment {check ail that auply) a 7°] has a pnncipal mount remaining unsatish ied of under $50,000 ana is for a claim related to personal debt. (2) CJ has a principal arnount remaining unsatisfied of under $200,000 and is for a elaim tolated 10 medical expenses, 3) (AC, relates to any other claims, inctudin 1g Claims for personal debt or medical expenses that items (1) or (2) do not otherwise fit within oe - j Note: From the point when the unsalisfieg princi ipal amount is below $50,000 expense claims, a judgment against a nati uralal person may only be renewed for persona! debi cialms or $200,000 far medical | filed. (Code Civ Proc.,§§ 683.110-683 | 20.) once, for five years trom the date an application is — a 6. TX] Renewal of judgment for I possession J sale |] Stjusgment was not previously renewed, terms of judgment as entered b. (2X) Ht judgment was previously renewed, terms of judgment as fast renewed: Judgment renewed in the amount of $25,786.38, together with interest on the judgment as provided by Jaw. Plaintiff shall have a fien on all real and personal properties and money to be distributed to defendant Susana P. Green by the ad ministrator of the estate of Stephen O. Green, deceased, pending in this court as Case No. PR: 42039, for the purpose of securing this judgment. © {X] Terms of judgment remaining unsatisfied: Nothing has been paid or eredited on the renewed judgment in the amount of $25,786.38. | declare under penatty of perjury under the laws of the State of Cat ‘fornia that the foregoing is true and correct Date: October 24, 2023 —-——.-___Timothy J Morgan GTYPE OR PRINT Wale? aa be.hve : Sate SNARE OF DER ARAN P -——— BJav0 Rev Javea 1 2023 APPLICATION FOR AND RENEWAL OF JUDGMENT a —— Pane 3at2 Famubiexts & Automated Colyforna Aadicial Council Forms Pages: 2 Exnibit_)__Page_3_of 3. Exhibit “E” Proof of Service: Notice of Renewal of Judgment and Application for and Renewal of Judgment POS-030 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Ber number, aid actiress) FOR COURT USE ONLY Timothy J Morgan (Bar # 57847) Law Offices of Timothy J. Morgan 121 Jewell Street Santa Cruz, CA 95060 teverHone no. (831) 429-984] E-MAIL ADORESS (Opionay. (morgan@morganlaw.us Fax NO (Cptorat) (831) 429-2824 ATTORNEY FOR (wene) Timothy J. Morgan, Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ street aporess 7()] Ocean Street MAILING ADDRESS crvanp zp cove: Santa Cruz 95060 srancH name: Santa Cruz PETITIONER/PLAINTIFF: Timothy J. Morgan RESPONDENT/DEFENDANT:Susana P. Green CASE NUMBER: PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL CV145349 (Do not use this Proof of Service to show service of a Summons and Complaint ) 1 am over 18 years of age and not a party to this action. | am a resident of or employed in the county where the mailing took place. My residence or business address is: 121 Jewell Street Santa Cruz, CA 95060 On (date): 10/31/2023 I mailed from (city and state): Santa Cruz, CA the following documents (specify): Notice of Renewal of Judgment Application for and Renewal of Judgment (J The documents are listed in the Attachment to Proof of Service by First-Class Mait—Civil (Documents Served) (form POS-030(D)). | served the documents by enclosing them in an envelope and (check one): a. [X] depositing the sealed envelope with the United States Postal Service with the postage fully prepaid. b. [1] placing the envelope for collection and mailin 1g following our ordinary business practices, | am feadily familiar with this business's practice for collecting and processi Ng correspondence for mailing. On the same day that correspondence is Placed for coliection and Mailing, it is dey posited in the ordinary course of business with the United States Posial Service in a sealed envelope with postage fully pre repaid. ‘The envelope was addressed and mailed as follows: a. Name of person served: Susana P. Green b. Address of person served: 17250 Big Basin Way Boulder Creek, CA 95006 (J The name and address of each person to wi hom | mailed the documents is listed in the Attachment to Proof of Service (POS-030(P)), by First-Class Mait—Civil (Parsons Served) | declare under penalty of perjury under the laws of the Stale of California that the foregoing is true and correct, Date: October 31, 2023 Kristine Hoover (TYPE OF PRINT NAME OF PERSON COMPLETING THIS FORM) s EZ pecslaca. ZL Form Approved for Optional Use (SIGNATURE OF PERSON COMPLETING THIS FORM) } Court of Catfornia POS.030 [New Jenusry 1, 2605] PROOF OF SERVI CE BY FIRST -CLAS S MAIL—CIVIL Codeof Civil Procedtire, §§ 1013 1013 ( Proof of Service} ) wew.courants.c@ gov Exhibit Ao Page _bOf seri L sienis® susomated California Judicial Council Forms Exhibit “F” Defendant’s Notice of Motion to Vacate Renewal of Judgment Susana Green, Pro se FOR COURT USE ONLY 17250 Big Basin Way, F Boulder Creek, CA 95006 (831) 252-0818 ILE Susanagreen4@gmail.com SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA| DEC 29 2023 CRUZ CLERK OF THE COURT 701 Ocean Street BY JESSICA BETANCOURT-GOME