Judge: Elaine W. Mandel, Case: SC107178, Date: 2023-01-11 Tentative Ruling

Case Number: SC107178    Hearing Date: January 11, 2023    Dept: P

Tentative Ruling

Malibu General Contractors, Inc. v. William J. Hardy et al., Case No. SC107178

Hearing Date January 11, 2023

Motion to Vacate Renewal of Judgment – Supplemental Brief

Jennifer Hardy, the alleged successor in interest to judgment debtor William Hardy, moves to modify or vacate the renewal of judgment.

On January 4, 2023 the court ruled interest on the judgment ceased to accrue on December 23, 2012 because of evidence that a complete tender was made on that date. Judgment creditors disputed that this tender was made. The court continued regarding standing and the alleged proof of attempted payment. 

Judgment creditors filed a declaration from Beth Chrisman, a Certified Questioned Document Examiner. Chrisman declaration ¶1. Chrisman examined the fax cover page and copy of a check presented as Exhibit VIII to the initial motion as proof of a tender. Chrisman opines the documents are not genuine, having been “pieced together,” and the attached check has been altered. Chrisman declaration ¶4.

The court notes the Chrisman declaration does not state the documents were forged, or explicitly conclude what the “original state” of the alleged altered check was. The declaration does not refute debtors’ allegation that an attempted tender on the judgment was made. Further, in the interest of justice, debtors must be provided the opportunity to respond to the new evidence with their own expert declaration or other evidence.

Creditors do correctly point out that the date on the check is January 15, 2013. The judgment at the time of alleged payment was $305,828.03, not $290,709.03. Interest would have continued to accrue on the $15,119 difference between the total judgment and the amount allegedly tendered. In addition, interest would have accrued from November 13, 2012, the date the judgment was entered, through January 15, 2013, the date the check was allegedly sent.

The hearing will be continued to allow judgment debtors to respond to the Chrisman declaration.