Judge: Layne H. Melzer, Case: 2022-01251321, Date: 2022-10-20 Tentative Ruling

DEF John Balkhi; DEF Erica Balkhi

Motion to Vacate

This matter has been continued at least twice at the request of the parties due to “settlement discussions.”  Nothing has been filed indicating a resolution of the matter and so the Court will rule.  No further continuances will be permitted.

The court is inclined to grant defendants John and Erica Balkhi’s motion to vacate judgment entered in this action based on a Texas default judgment against them without prejudice to plaintiff BRE RC Alamo Ranch TX LP renewing its application for entry of judgment on sister state judgment once the Texas judgment is corrected to show Plaintiff as the judgment creditor.

The Texas judgment submitted to this court shows RPAI Richardson Eastside LLC to be entitled to recovery from Defendants rather than Plaintiff.  [ROA #2, attachment judgment at p. 1.] 

Plaintiff states that was a scrivener’s error and that it is taking steps to correct the Texas judgment nunc pro tunc.  The court will hear from Plaintiff’s counsel as to any authority he can provide that this would retroactively cure the invalidity of the domesticated judgment not accurately reflecting the judgment it was entered on.

Clerk to give notice