Judge: Katherine Chilton, Case: LAM11CD4532, Date: 2022-12-22 Tentative Ruling

Case Number: LAM11CD4532    Hearing Date: December 22, 2022    Dept: 25

PROCEEDINGS:      MOTION TO MODIFY RENEWAL OF JUDGMENT

MOVING PARTY:   Defendant Joel Zavilla Dangla Cruz

RESP. PARTY:         Plaintiff American Contractors Indemnity Company

MOTION TO MODIFY RENEWAL OF JUDGMENT

(None)

TENTATIVE RULING:

Defendant Joel Zavilla Dangla Cruz’s Motion to Modify Renewal of Judgment is DENIED without prejudice.

SERVICE: 

[   ] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[   ] Correct Address (CCP §§ 1013, 1013a)                                                 OK

[   ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

OPPOSITION:          Filed on November 7, 2022.                           [   ] Late                      [   ] None

REPLY:                     None filed as of December 20, 2022.                     [   ] Late                      [X] None

ANALYSIS:

I.                Background

On December 15, 2011, Plaintiff American Contractors Indemnity Company (“Plaintiff”) filed an action against Defendant Joel Zavilla Dangla Cruz (“Defendant”) for breach of contract and common counts.  Defendant, in propria persona, filed an Answer to the Complaint on January 13, 2012.

On October 4, 2012, the Court granted Plaintiff’s Motion for Summary Judgment, filed on July 2, 2012.  (10-4-12 Minute Order.)  Judgment was entered on October 16, 2012, for $10,000, plus $4,473.97 in interest, attorney’s fees and costs to be determined by a separate motion.  (10-16-12 Order.)  On December 6, 2012, Plaintiff’s Motion for Attorney’s Fees was granted in the amount of $7,256.54 in attorney’s fees and $1,026.46 in costs.  (12-6-12 Minute Order; 12-6-12 Order.)

On August 2, 2022, Plaintiff filed an Application for and Renewal of Judgment, which was granted by the Court.

On August 19, 2022, Defendant, in propria persona, filed the instant Motion to Modify Renewal of Judgment.  Plaintiff filed an Opposition to the Motion on November 7, 2022.  No reply was filed.

On November 22, 2022, the Court noted several deficiencies in the Motion and continued the hearing to allow Defendant an opportunity to correct these deficiencies.  (11-22-22 Minute Order.)

No papers have been filed since the Court order.

II.              Legal Standard & Discussion

Defendant filed a Notice of Motion and unsigned declaration that states that he is seeking to modify the renewal of judgment.  (Mot. p. 1.)  He states that the Memorandum of Costs After Judgment is incorrect and Plaintiff should be ordered to re-submit MC-012 and EJ-190.  (Cruz Decl.)

On November 22, 2022, the Court noted the following deficiencies in the Defendant’s Motion.  (11-22-22 Minute Order.)

First, the Court noted that the instant Motion does not contain the required papers, including a memorandum in support of the motion.  (Ibid.; Cal. Rules of Court, rule 3.1112(a).)  Furthermore, Defendant’s declaration is not signed under penalty of perjury.  (11-22-22 Minute Order.)

Second, the Notice of Motion must contain “the nature of order being sought and the grounds for issuance of the order.”  (Ibid.; Cal. Rules of Court, rules 3.1110(a), 3.1112(d)(3).)  Given that Defendant has not set forth the grounds upon which he seeks to modify the judgment, the Court cannot determine whether relief is warranted.  (11-22-22 Minute Order.)

The Court continued the hearing on the Motion and provided Defendant additional time to correct the deficiencies noted above.  (Ibid.)

No additional papers have been filed since the Court order on November 22, 2022.  For this reason, Defendant’s Motion to Modify Renewal of Judgment is DENIED.

III.            Conclusion & Order

For the foregoing reasons, Defendant Joel Zavilla Dangla Cruz’s Motion to Modify Renewal of Judgment is DENIED without prejudice.

Moving party is to give notice.