Defendant Karen Oliney’s Motion to Vacate Judgment is DENIED without prejudice.
I. Background
On November 16, 1998, default judgment was entered in favor of Plaintiff Fireside Thrift Co. (“FTC”) against Defendant Karen Oliney (“Oliney”). (5/30/08 Appl. for Renewal.) On August 3, 2012, FTC assigned the judgment to Cavalry Investments, LLC (“CIL”). (See 8/22/12 Acknowledgement of Assignment p. 3.) On May 1, 2018, the judgment was renewed.
On May 21, 2018, Oliney filed a Motion to Vacate Judgment (the “Motion”), seeking to vacate the renewal of judgment.
II. Discussion
Oliney argues that the renewal of judgment should be vacated because (1) she is not liable for the claims asserted against her and (2) that she is not able to pay for judgment. (Motion p. 2.) The request is not accompanied by any authority or evidence. (CCP § 1010 and CRC 3.1110(a)). Regardless, neither ground is a basis to vacate the renewal of judgment under CCP §§ 473.5 and 683.170.
A. CCP § 473.5
“When service of
Type
OTHER (Limited Jurisdiction)
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Defendant Karen Oliney’s Motion to Vacate Judgment is DENIED without prejudice.
I. Background
On November 16, 1998, default judgment was entered in favor of Plaintiff Fireside Thrift Co. (“FTC”) against Defendant Karen Oliney (“Oliney”). (5/30/08 Appl. for Renewal.) On August 3, 2012, FTC assigned the judgment to Cavalry Investments, LLC (“CIL”). (See 8/22/12 Acknowledgement of Assignment p. 3.) On May 1, 2018, the judgment was renewed.
On May 21, 2018, Oliney filed a Motion to Vacate Judgment (the “Motion”), seeking to vacate the renewal of judgment.
II. Discussion
Oliney argues that the renewal of judgment should be vacated because (1) she is not liable for the claims asserted against her and (2) that she is not able to pay for judgment. (Motion p. 2.) The request is not accompanied by any authority or evidence. (CCP § 1010 and CRC 3.1110(a)). Regardless, neither ground is a basis to vacate the renewal of judgment under CCP §§ 473.5 and 683.170.
A. CCP § 473.5
“When service of