Judge: Malcolm Mackey, Case: BC411845, Date: 2022-10-26 Tentative Ruling
Case Number: BC411845 Hearing Date: October 26, 2022 Dept: 55
CORBER
v. SHAMOILZADEH BC411845
Hearing Date: 10/26/22,
Dept. 55
#9: MOTION TO VACATE RENEWAL OF JUDGMENT AND TO
VACATE, SET ASIDE AND/OR AMEND UNDERLYING JUDGMENT.
Notice: Okay
No
Opposition
MP:
Defendant RAMIN SHAMOILZADEH, a
self-represented litigant.
RP:
Summary
On 8/26/21, an Acknowledgement of Assignment of
Judgment was filed, stating that Plaintiff Gil Corber assigned to Collect Co
all right, title, and interest in the $53,231.00 Judgment filed on 04/18/2013.
On 8/4/22, the Court granted an unopposed Motion to
Quash Service of Summons and Vacate Renewal of Judgment filed by defendant.
On 8/23/22, a notice of renewal of judgment was filed.
MP
Positions
Moving party requests an order to vacate the renewal
of judgment and to vacate, set aside and/or amend underlying judgment, on
grounds including the following:
·
The judgment is void or was the produce of
extrinsic fraud and mistake and a violation of due process, and so equitable
relief therefrom should be ordered. C.C.P., Section 683.170.
·
Under no reasonable hypothesis is the
Judgment’s imposition of a $20,000 penalty on the total sum due on a $15,000
debt a reasonable approximation of damages that would flow from failure to pay a $2,000 installment.
·
The ex parte application for a renewal
judgment did not provide evidence or proof that notice of the application had
been given including email notice.
·
Plaintiff has the burden to show valid
statutory service of the summons in order to establish the Court has
jurisdiction.
Tentative
Ruling
The unopposed motion is granted, as prayed.
The failure to file a proper and timely opposition in
trial court creates a waiver of the issues on any appeal. Bell v. Am. Title Ins. Co. (1991) 226
Cal. App. 3d 1589, 1602; Cabrini
Villas Homeowners Assn. v. Haghverdian (2003) 111 Cal. App. 4th 683, 693. A judge in a civil case is not
"'obligated to seek out theories [a party] might have advanced, or to
articulate … that which … [a party] has left unspoken.'" Mesecher v.