On February 20, 2007 a
Motion,Ex Parte
was filed
involving a dispute between
Nicholas A. Stevens Co.,
and
Fennell, David,
for civil
in the District Court of San Mateo County.
Preview
Case Number: CLJ194489
SUPERIOR COURT OF SAN MATEO COUNTY
400 County Center 1050 Mission Road
Redwood City, CA 94063 South San Francisco, CA 94080
www.sanmateocourt.org
Minute Order
NICHOLAS STEVENS CO. VS DAVID FENNELL CLJ194489
08/08/2017 9:00 AM
Motion to Vacate Judgment
Judicial Officer: DuBois, Richard H Location: Courtroom 7A
Courtroom Clerk: Andrea Daley Courtroom Reporter: Diana Masetti
Parties Present
Exhibits
Minutes
Journals
- No appearance by any parties herein or their counsel of record.
Tentative ruling adopted and becomes order:
MOTION TO VACATE JUDGMENT AND APPLICATION OF RENEWAL OF JUDGMENT
The Motion of Defendant David Fennell ("Defendant") to Vacate Judgment and Application of Renewal
of Judgment is CONTINUED to 9:00 a.m. on October 19, 2017 in the Law and Motion Department.
A judgment was entered in this action on March 19, 2007 against Defendant for $3,080.00, and
thereafter the judgment was renewed on March 8, 2017 for $6,182.28.
Defendant seeks to vacate the judgment and renewal of judgment on the ground that he paid this
judgment in full by a $3,080 check on November 18, 2008 to Indian Creek Apartments. The motion is
continued for Defendant to provide evidence of the $3,080 payment, such as a copy of the paid check, a
bank statement reflecting the check payment, or other similar evidence.
Additionally, it does not appear that Defendant's $3,080 payment would have satisfied the judgment in
full because post-judgment interest accrued since entry of the judgment on March 19, 2007. Therefore,
the parties should address what different amount Defendant may be entitled to for a renewal of the
judgment if Defendant made a $3,080 payment on November 18, 2008, and provide the calculations to
support such amount. (See C.C.P. 683.170(c).
On or before October 6, 2017, Defendant is to file and serve any additional evidence in support of his
motion by a supplemental declaration signed under penalty of perjury. Any documents offered in
support are to be authenticated and attached as exhibits to his declaration.
Any supplemental opposition may be filed and served by Plaintiff on or before October 13, 2017.
If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule
1
Case Number: CLJ194489
3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule
3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.
Case Events
Others
Comments:
Future Hearings and Vacated Hearings
October 19, 2017 9:00 AM Motion to Vacate Judgment
Law and Motion, -
2
Document Filed Date
August 08, 2017
Case Filing Date
February 20, 2007
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Preview
Case Number: CLJ194489 SUPERIOR COURT OF SAN MATEO COUNTY 400 County Center 1050 Mission Road Redwood City, CA 94063 South San Francisco, CA 94080 www.sanmateocourt.org Minute Order NICHOLAS STEVENS CO. VS DAVID FENNELL CLJ194489 08/08/2017 9:00 AM Motion to Vacate Judgment Judicial Officer: DuBois, Richard H Location: Courtroom 7A Courtroom Clerk: Andrea Daley Courtroom Reporter: Diana Masetti Parties Present Exhibits Minutes Journals - No appearance by any parties herein or their counsel of record. Tentative ruling adopted and becomes order: MOTION TO VACATE JUDGMENT AND APPLICATION OF RENEWAL OF JUDGMENT The Motion of Defendant David Fennell ("Defendant") to Vacate Judgment and Application of Renewal of Judgment is CONTINUED to 9:00 a.m. on October 19, 2017 in the Law and Motion Department. A judgment was entered in this action on March 19, 2007 against Defendant for $3,080.00, and thereafter the judgment was renewed on March 8, 2017 for $6,182.28. Defendant seeks to vacate the judgment and renewal of judgment on the ground that he paid this judgment in full by a $3,080 check on November 18, 2008 to Indian Creek Apartments. The motion is continued for Defendant to provide evidence of the $3,080 payment, such as a copy of the paid check, a bank statement reflecting the check payment, or other similar evidence. Additionally, it does not appear that Defendant's $3,080 payment would have satisfied the judgment in full because post-judgment interest accrued since entry of the judgment on March 19, 2007. Therefore, the parties should address what different amount Defendant may be entitled to for a renewal of the judgment if Defendant made a $3,080 payment on November 18, 2008, and provide the calculations to support such amount. (See C.C.P. 683.170(c). On or before October 6, 2017, Defendant is to file and serve any additional evidence in support of his motion by a supplemental declaration signed under penalty of perjury. Any documents offered in support are to be authenticated and attached as exhibits to his declaration. Any supplemental opposition may be filed and served by Plaintiff on or before October 13, 2017. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 1 Case Number: CLJ194489 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. Case Events Others Comments: Future Hearings and Vacated Hearings October 19, 2017 9:00 AM Motion to Vacate Judgment Law and Motion, - 2