Judge: Craig Griffin, Case: "Newport Harbor Offices & Marina, LLC vs. Dream Home Estates, Inc.", Date: 2022-09-12 Tentative Ruling

The unopposed motion by Integrity Escrow, Inc. (“Integrity”) for an order now substituting Carrington Real Estate, Inc. (“Carrington”) into the action as Judgment Creditor or Assignee of Judgment Creditor and instructing Judgment debtors to assign all rights of payment to Carrington is DENIED WITHOUT PREJUDICE due to defective notice and service. (See CRC Rules 3.1110(a) and 3.1112(d))

The Notice of Motion and all supporting papers seek an order substituting Integrity as the Judgment Creditor. Integrity now requests, only four court days before the hearing, that Carrington be substituted as the Judgment Creditor. Integrity/Carrington have failed to provide proper notice of the parties bringing the motion and the relief sought. (See also Kinda v. Carpenter (2016) 247 Cal.App.4th 1268, 1277 and Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1125 – the court may consider only the grounds set forth in the notice of motion.)

The motion is denied without prejudice.

Moving party to give Notice of Ruling.