Judge: John C. Gastelum, Case: 00CC14365, Date: 2023-07-18 Tentative Ruling

Motion to Vacate

Tentative Ruling:  Defendant Patrick Grabowski, Sr. (“Patrick”) moves for an order vacating or modifying the renewed judgment applied for by Plaintiff Laurence Grabowski (“Laurence”) and entered in this case on October 11, 2022 on the grounds that the renewed judgment fails to incorporate all of the terms and conditions of the original judgment entered on May 22, 2012 (“Original Judgment”). 

Laurence filed an Application for and Renewal of Judgment on May 20, 2022.  The filing was rejected.  However, the Court granted Laurence’s motion for an ordering deeming the Application filed as of May 20, 2022 on October 11, 2022.  (ROA 1162.)

The renewed judgment is attached to the Declaration of Ryan D. Schiedermayer as Exhibit G.  It states that the total renewed money judgment is in the amount of $2.4 million dollars against Patrick as the judgment debtor.

The Original Judgment is attached as Exhibit B.  Among other things, the Original Judgment provided for several other terms and conditions, such as the “prompt” sale of the Edna Property, payments to Hemming Morse, and payment to Patrick for all costs ordered recoverable from Laurence.  (Ex. B at §§  1(b)(ii)-(v).)

Patrick is correct that the renewed judgment fails to incorporate all of these terms and preconditions included in the Original Judgment.  In his Opposition, Laurence states that he intended to renew the Original Judgment and did not intend to modify it.  Laurence does not object to incorporating the terms and conditions of the Original Judgment into the renewed judgment.

Given the above, the Court finds the renewal should be modified to incorporate all of the terms and preconditions stated in the Original Judgment, and the Motion is GRANTED.  It is ORDERED that the renewed judgment by Laurence incorporates all terms and preconditions stated in the Original Judgment.

The parties dispute the amounts that remain owing under the Original Judgment.  However, the parties indicate that it is unnecessary for the Court to address any specific accounting issues at this time.  The Court agrees and declines to address the accounting arguments raised by the parties.

Counsel for Patrick to give notice.