Judge: H. Jay Ford, III, Case: SS023171, Date: 2023-08-03 Tentative Ruling

Case Number: SS023171    Hearing Date: August 3, 2023    Dept: O

  Case Name:  Wongchai v. Prtthipatham, et al.

SUBJECT:                 MOTION TO ACCEPT CORRECTED APPLICATION FOR AND RENEWAL OF JUDGMENT AS TIMELY FILED

MOVING PARTY:   Plaintiff Sophon Wongchai

RESP. PARTY:         Defendant Chawalit Jianrungsaeng

TENTATIVE RULING

            Plaintiff Sophon Wongchai’s Motion to Accept Corrected Application for and Renewal of Judgment as Timely Filed is DENIED. 

Plaintiff admittedly submitted defective applications for renewal of the judgment on 2-23-23 and 2-24-23, which were properly rejected.  Plaintiff is not entitled to have the Court deem the receipt date as the file date of those applications or any future applications, because the Clerk ultimately rejected them as defective.  The defects were also significant.  The renewal application did not have the correct name of the judgment creditor or the correct case number—two key pieces of identifying information. 

            Based on CCP §683.020, the judgment became unenforceable after expiration of 10 years, “except as otherwise provided by statute.”  Plaintiff fails to cite any statutory authority or exception that allows the Court to relieve Plaintiff from the 10-year deadline under CCP §683.130 or to resuscitate a judgment that has expired after the 10-year deadline.  CCP §473(b) is not a statutory exception directed at the 10-year enforcement period or renewal deadline, nor has Plaintiff cited to any case applying CCP §473(b) to relieve a judgment creditor from the renewal deadline under CCP §683.130.