Judge Mark E. Windham, Case Number: 20STCP00261, Date: 2023-05-23 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.

Due to overcrowding concerns of COVID-19, all parties shall make every effort to schedule a remote appearance via LACourtConnect (https://my.lacourt.org/laccwelcome) for their next hearing. The parties shall register with LACourtConnect at least 2 hours prior to their scheduled hearing time.

On Deck Capital, Inc. v. Cohen, et al.

VACATE SISTER STATE JUDGMENT

(CCP §§ 1710.30, et seq.)

Judgment Debtor Jeremy Cohen’s Motion to Vacate Sister State Judgment is CONTINUED TO AUGUST 29, 2023 AT 10:00 AM IN DEPARTMENT 26 OF THE SPRING STREET COURTHOUSE. BY AUGUST 1, 2023, JUDGMENT DEBTOR IS TO SERVE THE MOVING PAPERS AND NOTICE OF NEW HEARING DATE ON JUDGMENT CREDITOR AND FILE PROOF OF SERVICE OF THE SAME WITH THE COURT. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING DENIED.

On December 28, 2022, Judgment Creditor On Deck Capital, Inc. (“Judgment Creditor”) filed an Application for Entry of Judgment on Sister State Judgment based on a judgment from the state of Virginia. The Court entered judgment the same day against Judgment Debtor Jeremy Cohen (“Judgment Debtor”). The Application for Entry of Sister-State Judgment and Notice of Entry of Judgment were personally served on Judgment Debtor on March 31, 2023. (Proof of Service, filed 04/04/23.) On April 28, 2023, Judgment Debtor filed the instant Motion to Vacate Sister State Judgment. No opposition has been filed to date.

The Motion is not accompanied by a proof of service showing notice of the moving papers and notice of hearing on Judgment Creditor. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.)

Accordingly, the hearing is continued to allow Judgment Debtor to demonstrate proper service of the moving papers and notice of hearing on Judgment Creditor. The hearing is continued to August 29, 2023 at 10:00 am in Department 26 of the Spring Street Courthouse. By August 1, 2023, Judgment Debtor is to serve the moving papers and notice of new hearing date on Judgment Creditor and file proof of service of the same with the Court. Failure to do so may result in the Motion being denied.