Motion: By Defendants Valley Light Source, Inc. dba Western Lightsource and Mark Havens to Vacate Entry of Judgment on Sister State
Judgment.
Tentative Ruling:
To deny.
Explanation:
(Note- as of March 13, 2020, no reply brief appears in the Court’s files.) Defendants Valley Light Source, Inc. dba Western Lightsource, and Mark Havens move to vacate the entry of judgment entered by Plaintiff Arcarius, LLC, on two grounds: first, that because the foreign state judgment was based on a confession of judgment it violates Due Process; and, second, Plaintiff’s use of the confession of judgment was “premature and wrongful,” because Defendants were not in default at the time of the entry of judgment. Defendants also appear to make an argument that they were not afforded “service of process, notice and a right to be heard” as to the entry of judgment in the underlying case.
According to the papers before the Court, Plaintiff loaned Defendants
$90,000.00 and Defendant Valley Light Source, Inc. (“V
Hearing Date
March 16, 2020
Type
20 Unlimited - Enforcement of Judgment
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Motion: By Defendants Valley Light Source, Inc. dba Western Lightsource and Mark Havens to Vacate Entry of Judgment on Sister State
Judgment.
Tentative Ruling:
To deny.
Explanation:
(Note- as of March 13, 2020, no reply brief appears in the Court’s files.) Defendants Valley Light Source, Inc. dba Western Lightsource, and Mark Havens move to vacate the entry of judgment entered by Plaintiff Arcarius, LLC, on two grounds: first, that because the foreign state judgment was based on a confession of judgment it violates Due Process; and, second, Plaintiff’s use of the confession of judgment was “premature and wrongful,” because Defendants were not in default at the time of the entry of judgment. Defendants also appear to make an argument that they were not afforded “service of process, notice and a right to be heard” as to the entry of judgment in the underlying case.
According to the papers before the Court, Plaintiff loaned Defendants
$90,000.00 and Defendant Valley Light Source, Inc. (“V