Judge: Lee W. Tsao, Case: 23NWCP00389, Date: 2024-06-20 Tentative Ruling

Case Number: 23NWCP00389    Hearing Date: June 20, 2024    Dept: C

Plexe, LLC v. Moranchel, Case No. 23NWCP00389

This is an application for entry of judgment on a sister state judgment. Defendant did not make payments on a loan she personally guaranteed. The agreement includes a provision that reads as follows: “The parties submit to the nonexclusive jurisdiction of the courts of Colorado and of United States of America.” On November 2, 2022, Plaintiff provided a notice of default to Defendant and Defendant did not respond. Plaintiff then filed a complaint in Colorado state. On or about June 20, 2023, Plaintiff filed a Motion for Default Judgment. On or about August 10, 2023, the Colorado court entered judgment against the Defendant.

On October 2, 2023, Plaintiff filed its Application for Entry of Judgment on Sister State Judgment in this Court. On November 7, 2023, Defendant filed a motion to vacate entry of the sister court judgment. Defendant reserved a hearing date of June 13, 2024. According to the online Register of Actions, on April 20, 2024, Defendant rescheduled the hearing for June 5, 2025, one year later. Plaintiff moves ex parte to advance the hearing date.

A party may seek ex parte relief upon an affirmative factual showing "irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte." (Cal. Rules of Court, rule 3.1202(c).)

Plaintiff argues that irreparable harm may occur because Defendant will move or dissipate assets to avoid having to pay the judgment. Plaintiff further argues that debtors often do this to frustrate the creditor and make it more expensive to collect.

The Court grants the motion. It advances the motion to June 20, 2024 and continues it to Thursday, July 25, 2024 at 10:30 A.M. in Dept. SE-C.