Judge: Mark E. Windham, Case: 22STLC04489, Date: 2024-05-06 Tentative Ruling

Case Number: 22STLC04489    Hearing Date: May 6, 2024    Dept: 26

Midway Rent a Car, Inc. v. Victoria, et al

MOTION TO VACATE JUDGMENT AND QUASH BENCH WARRANT

(Bankruptcy Code § 362)

TENTATIVE RULING:

Defendant Antonio Vidal Victoria’s Motion to Vacate Judgment and Quash Bench Warrant is DENIED.

ANALYSIS:

On July 7, 2022, Plaintiff Midway Rent a Car, Inc. (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Antonio Vidal Victoria (“Defendant”). Following Defendant’s failure to file a responsive pleading, the Court entered default judgment in favor of Plaintiff on February 21, 2023. A judgment debtor examination took place on June 13, 2023, was continued to December 13, 2023, and then continued again to February 1, 2024. (Minute Orders, 06/13/23 and 12/13/23.) Upon Defendant’s failure to appear on February 1, 2024, the Court issued a bench warrant and continued the examination to April 8, 2024. (Minute Order, 02/01/24.)

On February 20, 2024, Plaintiff filed a “Notice of Order and Notice of Dismissal In Re: Bankruptcy Case No 23-BK-10739-MB.” On the same date, Defendant filed the instant Motion to Vacate Judgment and to Quash Bench Warrant. Plaintiff failed to appear at the next judgment debtor examination date and the Court recalled and quashed the bench warrant. (Minute Order, 04/08/24.)

No opposition to the Motion has been filed to date.

Discussion

The Motion is brought pursuant to Bankruptcy Code section 362, which provides: “An “automatic stay” arises when a petition is filed under any chapter of the Bankruptcy Code. (11 U.S.C. § 362.) Defendant’s bankruptcy proceeding was filed on May 30, 2023. (Motion, Victoria Decl., Exh. A.) The proceeding was then dismissed on December 4, 2023. (Notice of Order and Notice of Dismissal In Re: Bankruptcy Case No 23-BK-10739-MB, p. 3.)

The Motion does not provide any authority to suggest that a judgment entered prior to the commencement of a bankruptcy proceeding should be vacated. Furthermore, the bench warrant has since been recalled and quashed, making the request to quash the warrant moot.

Conclusion

Defendant Antonio Vidal Victoria’s Motion to Vacate Judgment and Quash Bench Warrant is DENIED.

Court clerk to give notice.