Judge: Malcolm Mackey, Case: BC662020, Date: 2022-09-08 Tentative Ruling
Case Number: BC662020 Hearing Date: September 8, 2022 Dept: 55
HOWARD
BRIGHTMAN v. ZIG I GAUTHIER BC662020
Hearing Date: 9/8/22,
Dept. 55
#10: MOTION TO SET ASIDE A VOID RENEWAL (CCP §473).
Notice: Okay
No
Opposition
MP:
Judgment Creditor and Assignee, MARK
SCHULMAN, AS TRUSTEE OF THE MARK SCHULMAN 401(K) PROFIT SHARING PLAN – ROTH
ACCOUNT.
RP:
Summary
On 7/19/18, there was a Judgment pursuant to
stipulation.
On 3/9/21, all rights in the Judgment were assigned to
Mark Schulman etc.
On 2/18/22, the Clerk issued a notice of rejection of
the renewal of judgment, and referenced bringing a motion to the Court.
MP
Positions
Moving party requests an order vacating and setting
aside the Renewal of Judgment entered in this action on 8/6/21, on grounds
including the following:
·
Moving party’s own Renewal of Judgment is
void on its face.
·
It does not correctly set forth the last
known address of the judgment debtor. CCP § 683.140(c).
Tentative
Ruling
The unopposed motion is granted.
It appears that the Clerk’s rejecting the Renewal of
Judgment contemplated pursuit of this judicial order, to enable an amended
Renewal of Judgment.
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.