Judge: Douglas W. Stern, Case: BC615240, Date: 2023-07-11 Tentative Ruling

Case Number: BC615240    Hearing Date: July 11, 2023    Dept: 68

Motion for Enforcement of Judgment and Appointment of Elisor

Ghadir Amirnezhad vs. Mehmoosh Ghayam; BC615240

Moving Party: Plaintiff Ghadir Amirnezhad

Background

            After a bench trial in April 2019, the Court entered a judgment in favor of Plaintiff Ghadir Amirnezhad (Plaintiff) and against Defendant Mehmoosh Ghayam (Defendant). The judgment provided for monetary relief and the discharging of a lien that Defendant had placed on Plaintiff’s property. Defendant has satisfied the monetary portion of the judgment but refuses to sign the paperwork to remove the lien on Plaintiff’s property as ordered by the Court.

            Plaintiff moves the Court pursuant to CCP §§ 128(a)(4) and 177 to enforce the Court’s judgment and for appointment of an elisor to execute the Substitution of Trustee and Full Reconveyance form in order to have the lien discharged.

            No opposition has been filed by Defendant.

Analysis

            Courts and judges have the power to enforce court orders. (CCP §§ 128(a)(4) and 177.) Further, the appointment of an elisor is within a court’s power. (Rayan v. Dykeman (1990) 224 Cal.App.3d 1629, 1635.) A court may appoint an elisor to execute deeds and other documents on behalf of recalcitrant litigants who refuse to obey orders of the court. (Id. at 1635, fn. 2.)

            Accordingly, the Court orders enforcement of the April 2019 judgment and will appoint an elisor to execute the paperwork necessary to discharge the lien.

Order

1.      Plaintiff’s Motion for Enforcement of Judgment is GRANTED.

2.      The Court orders the appointment of an elisor to execute the Substitution of Trustee and Full Reconveyance form to have the lien discharged.