Motion: Amend judgment
Tentative Ruling:
To deny Plaintiff’s motion to amend judgment.
Explanation:
Service
First, as a general matter, when a notice or other paper is required to be served on a judgment debtor, “it shall be served on the judgment debtor instead of the attorney for the judgment debtor.” (Code Civ. Proc. §684.020(a).) Exceptions are when the debtor has filed with the court and served on the creditor a request that service be made on the debtor’s attorney and such request has not been revoked by the debtor, or the consent to receive service has not been revoked by the attorney. (Code Civ. Proc. §684.020(b).)
In the case at bench, no request has been filed providing that service be made on Defendant Barbis’s attorney. Accordingly, Plaintiff was required to serve Defendant Barbis personally. Plaintiff failed to do this. However, as Defendant Barbis has responded to the merits of Plaintiff’s motion (see opp., filed 9/25/2018), the defective notice appears to have been waive