Judge: Daniel M. Crowley, Case: GC014349, Date: 2023-02-17 Tentative Ruling

Case Number: GC014349    Hearing Date: February 17, 2023    Dept: 28

The Court has read and considered Mr. Delman's supplemental briefing.  The Court again offers the following tentative ruling:

Defendant, David Delman, moves to set aside a judgment entered against him on June 2, 1999.  He has repeatedly moved for this same relief, most recently on September 27, 2021, when this court denied the same motion.  Mr. Delman appealed that ruling; the Court of Appeal upheld it on April 26, 2022 (B316620).  The Court of Appeal noted that Mr. Delman has been determined to be vexatious litigant, as defined by Code of Civil Procedure section 391.7.

The Court denies the instant motion on two grounds:

First, Mr. Delman has made no showing that he has the permission of the presiding judge to make the instant application.  As explained by the Court of Appeal, as was the motion whose ruling he appealed, this motion is a further offensive collateral attack (as opposed to a defensive response) on the Judgment entered in this matter, thus subjecting the applicant to the strictures of Code of Civil Procedure section 391.7.  (See Court of Appeal’s April 26, 2022 order in this matter (B316620)).   

Second, the applicant has provided no legal basis for the relief he seeks.