Judge: Armen Tamzarian, Case: BC635357, Date: 2023-06-20 Tentative Ruling

Case Number: BC635357    Hearing Date: January 4, 2024    Dept: 52

Judgment Debtor Mimi Park, aka Mi Jin Kim’s Motion to Compel Acknowledgment of Satisfaction of Judgment

            Judgment debtor Mimi Park aka Mi Jin Kim moves under Code of Civil Procedure section 724.050 to compel judgment creditor FCP Brands, Inc. to file acknowledgment of satisfaction of judgment.  Section 724.050, subdivision (d) provides, “If the court determines that the judgment has been satisfied and that the judgment creditor has not complied with the demand, the court shall either (1) order the judgment creditor to comply with the demand or (2) order the court clerk to enter satisfaction of the judgment.” 

The court finds good cause to require oral testimony by judgment debtor Mimi Park and Michael Chang, officer of judgment creditor FCP Brands, Inc.  (Chang Decl., ¶ 1.)  “Evidence received at a law and motion hearing must be by declaration or request for judicial notice without testimony or cross-examination, unless the court orders otherwise for good cause shown.”  (Cal. Rules of Court, rule 3.1306.)  Determining if the judgment has been satisfied requires interpreting a handwritten contract (Park Decl., Ex. 2) and may involve considering parol evidence.  Park and Chang submitted conflicting declarations.  Oral testimony from Park and Chang will assist the court in making credibility determinations to decide if Park satisfied the judgment. 

            The court hereby continues the hearing on judgment debtor Mimi Park aka Mi Jin Kim’s motion to compel acknowledgment of satisfaction of judgment to January 12, 2024, at 10:00 a.m.