Judge: Christopher K. Lui, Case: 22STCV02662, Date: 2023-10-19 Tentative Ruling

Case Number: 22STCV02662    Hearing Date: April 16, 2024    Dept: 76

TENTATIVE RULING

            The hearing on Defendant/Judgment Creditor KS Steel Corporation’s motion to add proposed joint debtors is CONTINUED to May 16, 2024 at 8:30 a.m. Defendant to submit a proposed summons in compliance with Civ. Proc. Code, § 990 and to give notice of the continuance.

ANALYSIS

Motion To Add Joint Debtors

Discussion

Defendant now brings a motion to add proposed joint debtors defendants Shangri-La Industries, LLC and SLI Management Corporation to the court's case management system to enable creditor to pursue Joint Debtor Proceedings against these potential joint debtors.

In an action against two or more persons who are jointly, jointly and severally, or severally liable on a contract, the court in which the action is pending has jurisdiction to proceed against such of the defendants as are served as if they were the only defendants.

     (Civ. Proc. Code, § 410.70.)

When a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, by proceeding as provided in Section 410.70, those who were not originally served with the summons, and did not appear in the action, may be summoned to appear before the court in which such judgment is entered to show cause why they should not be bound by the judgment, in the same manner as though they had been originally served with the summons.

     (Civ. Proc. Code, § 989.)

The summons specified in Section 989 shall be issued by the clerk upon presentation of the affidavit specified in Section 991. The summons must describe the judgment, and require the person summoned to show cause why the person should not be bound by it, and must be served in the same manner, and returnable no later than ninety (90) days after the time specified for the return of the original summons. It is not necessary to file a new complaint.

     (Civ. Proc. Code, § 990.)

The summons must be accompanied by an affidavit of the plaintiff, his agent, representative, or attorney, that the judgment, or some part thereof, remains unsatisfied, and must specify the amount due thereon.

     (Civ. Proc. Code, § 991.)

Upon such summons, the defendant may answer within the time specified therein, denying the judgment, or setting up any defense which may have arisen subsequently; or he may deny his liability on the obligation upon which the judgment was recovered, by reason of any defense existing at the commencement of the action.

     (Civ. Proc. Code, § 992.)

If the defendant, in his answer, denies the judgment, or sets up any defense which may have arisen subsequently, the summons, with the affidavit annexed, and the answer, constitute the written allegations in the case; if he denies his liability on the obligation upon which the judgment was recovered, a copy of the original complaint and judgment, the summons, with the affidavit annexed, and the answer, constitute such written allegations, subject to the right of the parties to amend their pleadings as in other cases.

     (Civ. Proc. Code, § 993.)

The issues formed may be tried as in other cases, but when the defendant denies, in his answer, any liability on the obligation upon which the judgment was rendered, if a verdict be found against him, it must be for not exceeding the amount remaining unsatisfied on such original judgment, with interest thereon.

     (Civ. Proc. Code, § 994.)

            Here, moving party judgment creditor did not submit a proposed summons as required by Civ. Proc. Code, § 990.

            The hearing on the motion to add proposed joint debtors is CONTINUED to May 16, 2024 at 8:30 a.m. Defendant to submit a proposed summons in compliance with Civ. Proc. Code, § 990 and to give notice of the continuance.