Judge: Layne H. Melzer, Case: 2020-01173844, Date: 2022-08-11 Tentative Ruling

Pltf. Asset Liquidation Group, Inc.
Motion - Other (Petition for Court to Set Hearing on Third Party Claim)

The hearing on Petitioner’s/Judgment Creditor’s request that the Court overrule the third-party Claim of Abby Johnson is continued to August 25, 2022 at 2:00 pm in Dept. C12.

At least 16 court days before the hearing, the petitioner is required to have served the notice of hearing on the opposing party and file a copy of the notice of hearing with the levying officer. (Code Civ. Proc., §§ 720.320, 1005(b).)  Thereafter, the levying officer is to file a copy of the third-party claim with the Court as well as any related documents, as indicated in Code Civ. Proc., § 720.330. 

The Court sees that Petitioner has served notice of the hearing on the judgment debtor and Ms. Johnson. However, it has not received a copy of the third-party claim.

As a result, the Court orders the following:

Petitioner shall file the proof of service of the notice of this motion on the levying officer, no later than August 15, 2022. 

The levying officer is hereby ordered to comply with Code Civ. Proc., § 720.330 by filing the subject third party claim and any related documents per the statute, no later than August 17, 2022. 

Petitioner shall give notice of this ruling.