Judge: Holly J. Fujie, Case: BS144593, Date: 2023-06-20 Tentative Ruling

Case Number: BS144593    Hearing Date: June 20, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendant Eddie Hong (“Moving Papers”)

            The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

BACKGROUND

            Plaintiff’s complaint (the “Complaint) arises out of an employment relationship and was filed in 2013.  On August 30, 2013, default judgment (the “Judgment”) was entered against Moving Defendant.  On December 5, 2013, the Judgment was assigned to the Labor Commissioner of the State of California (“Judgment Creditor”).  On January 25, 2023, based on Judgment Creditor’s application for renewal, the Judgment against Moving Defendant was renewed.  Notice of the renewal of the Judgment was served on Moving Defendant on January 31, 2023.

On March 28, 2023, Moving Defendant filed a motion to vacate the renewal of the Judgment (the “Motion”) on the grounds that he was not properly served with Plaintiff’s initial complaint (the “Complaint”) and the Judgment was discharged in bankruptcy proceedings. 

DISCUSSION

Under CCP section 683.170, subdivision (a), the renewal of a judgment pursuant to this article may be vacated on any ground¿that would be a defense to an action on the judgment, including the ground that the amount of the renewed judgment as entered pursuant to this article is incorrect, and shall be vacated if the application for renewal was filed within five years from the time the judgment was previously renewed under this article.  (CCP § 683.170, subd. (a).)  Not later than 60 days after service of the notice of renewal pursuant to CCP section 683.160, the judgment debtor may apply by noticed motion under this section for an order of the court vacating the renewal of the judgment.  (CCP section 683.170, subd. (b).)  The notice of motion shall be served on the judgment creditor.  (Id.)  Service shall be made personally or by mail.  (Id.)  The judgment debtor bears the burden of proving, by a preponderance of the evidence, that he or she is entitled to relief under CCP section 683.170.  (Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195, 199.)

A defendant who undisputedly was never served in the action is entitled to an order vacating a renewal of a judgment under CCP section 683.170 without establishing a meritorious defense.  (Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195, 206.)  Following the discharge of a debtor’s debts in bankruptcy, a plaintiff or other creditor may not seek to hold the debtor personally liable for any discharged debt.  (See Forsyth v. Jones (1997) 57 Cal.App.4th 776, 781; 11 USCA § 524.)

In support of the Motion, Moving Defendant provides evidence that he never received notice of the Complaint.  (Declaration of Eddie Hong (“Hong Decl.”) ¶ 7.)  Plaintiff declares that he was never served with the Complaint or any related documents before Judgment was entered.  (See id.)  Moving Defendant did not learn of Plaintiff’s Complaint until he received notice of the Judgment’s December 5, 2013 assignment to Judgment Creditor in the mail at his place of business.  (See Hong Decl. ¶ 8.)  On March 19, 2014, Moving Defendant filed a Chapter 7 Bankruptcy Petition (the “Petition”).  (Hong Decl. ¶ 10, Exhibit B.)  The Petition identified the Judgment as one of Moving Defendant’s debts, and a discharge order was issued on July 7, 2014.  (See Hong Decl., Exhibit B at 35, Exhibit C.) 

Moving Defendant’s claim that he was never served with the Complaint is unrefuted.  Furthermore, it appears that his personal liability for the Judgment was discharged in bankruptcy.  For these reasons and because it is unopposed, the Court GRANTS the Motion and vacates the renewal of the Judgment.  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) 

            Moving party is ordered to give notice of this ruling.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

        Dated this 20th day of June 2023