Judge: Layne H. Melzer, Case: 2023-01312691, Date: 2023-07-20 Tentative Ruling

Petitioner Robert Deanda

Petition for Relief from Financial Obligation During Military Service

Before the court is Petitioner Staff sergeant Robert DeAnda’s Petition for Relief From Financial Obligation During Military Service pursuant to Mil. & Vet. Code, § 409.3 and CRC rule 3.1372.

The Court previously heard this Petition on 4/20/23 and identified errors that needed to be fixed. (ROA 14) Respondent Freedom Mortgage has now been properly and timely served. Service on Respondent must be at least 10 days before the hearing and made by personal service, or another authorized method. (Mil. & Vet. Code, § 409.3, subd. (b) (“The petition shall be served at least 10 days before the hearing.”); Cal. Rules of Ct., Rule 3.1372(b) (“Service of the petition for relief and all supporting papers must be made in the manner provided by law for service of summons in civil actions.”).) Here, mail-serve is permitted because Respondent is an out-of-state corporation. (CCP § 415.40.) Service is deemed effective 10 days after the mailing; and this is so even if defendant has not yet signed or mailed back the return receipt. (CCP § 415.40.)

Moreover, Petitioner has now provided the exhibits to the Petition including a mortgage statement, the dates the debt was incurred, and the military Orders. (ROA 21).

Thus, the Court GRANTS the Petition for Relief from Financial Obligation brought by Petitioner, pursuant to Mil. & Vet. Code §409.3, following the submission of a properly executed Proposed Order on Form MIL-020. The Court finds that the Declaration submitted by Petitioner demonstrates that Petitioner’s ability to comply with the terms of his mortgage has been affected by her most recent period of military service. (Mil. & Vet. Code §409.3 (d)). Consequently, Petitioner appears entitled to “a deferment of the payments due on the obligation for a period of time equal to the period of military service,” in this case one year. (Mil. & Vet. Code §409.3(d) (1)).

The Proposed Order is to be submitted within 10 days for the court’s signature.