Judge: Layne H. Melzer, Case: 01CC01440, Date: 2023-05-18 Tentative Ruling

Judgment Creditor Judgment Recovery Assisrance, LLC

1. Appearance and Examination of Judgment Debtor
2. Motion An Order Establishing 3rd Party Liability Against 3rd Party Obligor, Midway Law Firm APC And/Or Marc Steven Applbaum
3. Order to Show Cause re: Monetary Sanctions

Judgment Creditor Recovery Assistance, LLC’s motion pursuant to Code Civ. Proc. §701.020 for order establishing the liability of third parties Midway Law Firm and Marc Applbaum for failure to comply with third party levy is continued to July 6, 2023 at 2PM for Judgment Creditor to personally serve Third Parties.

Judgment Creditor served his motion by mail on judgment debtor Mark Ferry and Third Parties.

Third Parties are not already parties to this action, however.  When relief is sought from the court against a third party that has heretofore been a nonparty, that third party needs to be served in the same manner as a for service of summons – that is, personally served.

Analogously, an order for a third party examination must be personally served.  Code Civ. Proc. § 708.120(b)(1).  See also National Financial Lending, LLC v. Superior Court (2013) 222 Cal.App.4th 262, 269 (“On June 17, 2013, the Brewer plaintiffs personally served NFL's agent for service of process, Dan Harkey, with a notice of its section 701.020 motion to impose liability on NFL for its violation of the April 2012 notices of levy.”)(emphasis added).

Consistent with these general principles, “[a] judgment is void for lack of jurisdiction of the person where there is no proper service on or appearance by a party to the proceedings.” (David B. v. Superior Court (1994) 21 Cal.App.4th 1010, 1016, 26 Cal.Rptr.2d 586.)

County of San Diego v. Gorham (2010) 186 Cal.App.4th 1215, 1226.

A judgment of a court lacking personal jurisdiction is a violation of due process, and it is null and void everywhere, including the state in which it is rendered. (Burnham v. Superior Court of Cal., Marin County (1990) 495 U.S. 604, 609 [110 S.Ct. 2105, 2109-2110, 109 L.Ed.2d 631]; Underwriters Assur. Co. v. N. C. Guaranty Assn. (1982) 455 U.S. 691, 705, fn. 10 [102 S.Ct. 1357, 1366, 71 L.Ed.2d 558]; World Wide Volkswagen Corp. v. Woodson (1980) 444 U.S. 286, 291 [100 S.Ct. 559, 564, 62 L.Ed.2d 490]; Pennoyer v. Neff (1877) 95 U.S. 714, 732 [24 L.Ed. 565, 572].

Yu v. Signet Bank/Virginia (1999) 69 Cal.App.4th 1377, 1385.