Judge: Armen Tamzarian, Case: 19STCP02468, Date: 2023-11-03 Tentative Ruling

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Case Number: 19STCP02468    Hearing Date: December 14, 2023    Dept: 52

Order to Show Cause Re: Sale of Dwelling Located at 14127 Avenida Espana, La Mirada, CA 90638

Judgment creditor Nextwave Enterprises LLC applies for an order for sale of judgment debtor Youngran Cho’s dwelling under Code of Civil Procedure section 704.750. 

Judgment creditor has not shown proof of serving sufficient notice on judgment debtor Youngran Cho.  Code of Civil Procedure section 704.770, subdivision (b) provides: “Not later than 30 days before the time set for hearing, the judgment creditor shall do both of the following: [¶] (1) Serve on the judgment debtor a copy of the order to show cause, a copy of the application of the judgment creditor, and a copy of the notice of the hearing in the form prescribed by the Judicial Council.  Service shall be made personally or by mail.  [¶] (2) Personally serve a copy of each document listed in paragraph (1) on an occupant of the dwelling or, if there is no occupant present at the time service is attempted, post a copy of each document in a conspicuous place at the dwelling.”  For service by mail, the “period of notice … is extended: (1) Five days if the place of address is within the State of California.”  (CCP § 684.120(b)(1).)

Judgment creditor filed proof of purported personal service on judgment debtor Youngran Cho on November 14, 2023.  (POS filed 11/29/23.)  November 14 was exactly 30 days before this hearing on December 14, 2023.  The proof of service states the party served was “Youngran Cho, an individual,” with “physical description” including “Sex: Male.”  (Ibid.)  Judgment creditor’s application, however, provides evidence Youngran Cho is female.  Title to the property is vested in “Youngran Cho, a single woman.”  (Bronstein Decl., ¶ 8, Ex. 4.)  Delivery to a male occupant at the subject address therefore does not establish valid personal service on judgment debtor Youngran Cho.  This service would only support substituted service—which would be “deemed complete on the 10th day after mailing” (CCP § 415.20(a)), and therefore was less than 30 days before this hearing. 

Judgment creditor also served the papers on Youngran Cho by mail on November 14, 2023.  But serving the papers by mail extended the period of required notice by five days.  (CCP § 684.120(b)(1).)  Service by mail on November 14 was therefore untimely.       

Disposition

Judgment creditor Nextwave Enterprises LLC’s application for sale of dwelling located at 14127 Avenida Espana, La Mirada, CA 90638 is denied.