Judge: Blaine K. Bowman, Case: 37-2017-00008360-CU-BC-NC, Date: 2023-08-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - August 10, 2023

08/11/2023  01:30:00 PM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2017-00008360-CU-BC-NC BEACON FUNDING CORPORATION VS. MARTINEZ [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 06/06/2023

The Motion to Amend Judgment brought by plaintiff Beacon Funding Corporation (Plaintiff) is DENIED without prejudice for lack of notice. Plaintiff filed this action in March 2017. Default was entered against defendant Daniel Martinez in his individual capacity and under his fictitious business name 'Capistrano Towing' (Mr. Martinez). (ROA 11.) Default judgment was entered against Mr. Martinez on August 8, 2017. (ROA 17.) Mr. Martinez has never made an appearance in this lawsuit and does not have an address of record on file. Plaintiff now moves to amend the judgment to include a California corporation – namely, 'Capistrano Towing Inc.' as another name for Mr. Martinez. Plaintiff cites the Practice Guide for the authority for doing so when an alter ego needs to be added to a judgment.

However, the Practice Guide also indicates: Jurisdiction limitation: The court must have jurisdiction over the judgment debtor's alter ego in order to enter a valid judgment against the alter ego. This is normally accomplished by service of process.

(Ahart, Alan, M., California Practice Guide: Enforcing Judgment and Debts (The Rutter Group, 2023) ¶ 6:1575.1, citing Milrot v. Stamper Medical Corp. (1996) 44 Cal.App.4th 182, 186.) Plaintiff served notice of the instant motion by mail. (ROA 30.) When a party has not yet made an appearance in a case, service by mail is insufficient to effect service of process unless there is a receipt of acknowledgement.

Here there is no receipt of acknowledgment – nor is there any documentation establishing that Mr.

Martinez, individually, is an agent able to accept service of process on behalf of the California corporation in question: Capistrano Towing Inc. Without a proof of service demonstrating an acceptable method of effecting service of process, the Court does not have jurisdiction to add Capistrano Towing Inc. to the judgment.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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