Judge Mark E. Windham, Case 17STLC02876 2023-02-14 Tentative Ruling

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 26 at the Spring Street Courthouse until the morning of the motion hearing.

The e-mail address is SSCdept26@lacourt.org

The heading on your e-mail should contain the case name, number, hearing date, and that you submit. The message should indicate your name, contact information, and the party you represent. Please note, the above e-mail address is to inform the court of your submission on the tentative ruling. All other inquiries will not receive a response.

If there are no appearances by either side and no submission on the Court's tentative ruling, the matter will be placed OFF CALENDAR.

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Able Restoration, Inc. v. Long, et al.

APPLICATION FOR ORDER TO SHOW CAUSE WHY ORDER FOR SALE OF DWELLING SHOULD NOT ISSUE

Judgment Creditor Able Restoration, Inc.’s Application for (1) Order for Sale of Dwelling Further to Notice From The Sherriff’s Department; (2) Order to Specially Set Hearing on Claim of Exemption; and (3) Order to Show Cause Why Order For Sale of Dwelling Should Not Issue is ruled on as follows:

THE COURT SETS AN ORDER TO SHOW CAUSE WHY ORDER FOR SALE OF DWELLING SHOULD NOT ISSUE FOR MARCH 30, 2023 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

THE HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATION REMAINS SET FOR APRIL 26, 2023 AT 1:30 PM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Plaintiff Able Restoration, Inc. (“Judgment Creditor”) filed the instant action against Defendant Kevin Long (“Judgment Debtor”) on October 11, 2017. Following a bench trial, judgment was entered in Judgment Creditor’s favor on August 15, 2019. (Minute Order, 08/15/19, p. 5.) Judgment Creditor was further awarded attorney’s fees on March 4, 2020. (Minute Order, 03/02/20.) On December 28, 2022, Judgment Creditor filed the instant Application for (1) Order for Sale of Dwelling Further to Notice From The Sherriff’s Department; (2) Order to Specially Set Hearing on Claim of Exemption; and (3) Order to Show Cause Why Order For Sale of Dwelling Should Not Issue (the “Application”). On January 12, 2023, the Court granted Judgment Creditor’s ex parte application to advance the hearing date on the instant Application from April 5, 2023 to February 14, 2023. (Minute Order, 01/12/23.) No opposition has been filed to date.

Judgment Creditor has caused a levy on real property owned by Judgment Debtor, notice of which was mailed on December 9, 2022. (App., Wainer Decl., Exh. C.) The request for Order for Sale of Dwelling Further to Notice from the Sherriff’s Department is made pursuant to Code of Civil Procedure section 704.750, which states in relevant part: “Within 20 days after service of the notice, the judgment creditor shall apply to the court for an order for sale of the dwelling and shall file a copy of the application with the levying officer. If the judgment creditor does not file the copy of the application for an order for sale of the dwelling within the allowed time, the levying officer shall release the dwelling.” (Code Civ. Proc., § 704.750, subd. (a).)

Judgment Creditor timely filed the instant Application for Order for Sale of Dwelling on December 28, 2022 such that the levying officer shall not release the dwelling from the levy.

“(a) Upon the filing of the application by the judgment creditor, the court shall set a time and place for hearing and order the judgment debtor to show cause why an order for sale should not be made in accordance with the application. The time set for hearing shall be not later than 45 days after the application is filed or such later time as the court orders upon a showing of good cause.

(b) Not later than 30 days before the time set for hearing, the judgment creditor shall do both of the following:

(1) Serve on the judgment debtor a copy of the order to show cause, a copy of the application of the judgment creditor, and a copy of the notice of the hearing in the form prescribed by the Judicial Council. Service shall be made personally or by mail.

(2) Personally serve a copy of each document listed in paragraph (1) on an occupant of the dwelling or, if there is no occupant present at the time service is attempted, post a copy of each document in a conspicuous place at the dwelling.” (Emphasis added.)

(Code Civ. Proc., § 704.770.) Pursuant to the Application and upon a finding of good cause, the Court sets an Order to Show Cause why Order for Sale of Dwelling Should Not Issue on March 30, 2023 at 9:30 am in Department 26 in the Spring Street Courthouse. By February 28, 2023, Judgment Creditor is to file proof of service in accordance with Code of Civil Procedure section 704.770.

Finally, Judgment Creditor moves for an Order to Specially Set Hearing on Claim of Exemption. The Application for Order for Appearance and Examination was filed on Janaury 23, 2023 and is curently set for hearing on April 26, 2023. The instant Application does not offer any basis to change the hearing date, therefore, the Order for Appearance and Examination remains scheduled for April 26, 2023 at 1:30 pm in Department 26 in the Spring Street Courthouse.

THE COURT SETS AN ORDER TO SHOW CAUSE WHY ORDER FOR SALE OF DWELLING SHOULD NOT ISSUE FOR MARCH 30, 2023 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

THE HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATION REMAINS SET FOR APRIL 26, 2023 AT 1:30 PM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.