Judge: Mark E. Windham, Case: LAM07Y02023, Date: 2024-02-01 Tentative Ruling
Case Number: LAM07Y02023 Hearing Date: February 1, 2024 Dept: 26
MCT Group v. Stagg, et al.
APPLICATION
FOR ORDER FOR SALE OF DWELLING
(CCP §§ 704.760 et seq.)
TENTATIVE RULING:
THE COURT SETS AN ORDER TO SHOW CAUSE RE STATUS OF
BANKRUPTCY STAY FOR MAY 7, 2024 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING
STREET COURTHOUSE.
Plaintiff MCT Grop (“Judgment Creditor”) filed the instant
action against Defendant Alana Stagg (“Judgment Debtor”) and obtained a
favorable judgment. The judgment was renewed on July 20, 2007 and November 2,
2016.
On December 27 2023, Judgment Creditor filed an Application for Issuance of Order for Sale
of Dwelling Should; a First Amended Application was then filed on December 29,
2023. On January 29, 2024, Judgment Creditor filed a Notice of Bankruptcy Stay.
No opposition to the Application has been filed to date.
Discussion
Code of Civil Procedure section
704.770 states:
“(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 for Issuance
of Order for Sale of Dwelling, the Court would an Order to Show Cause
Why Order for Sale of Dwelling Should Not Be Made. However, in light of the
Notice of Bankruptcy Stay, the action is now stayed.
Conclusion
ORDER TO SHOW CAUSE RE
STATUS OF BANKRUPTCY STAY IS SET FOR MAY 7, 2024 AT 9:30 AM IN DEPARTMENT 26 IN
THE SPRING STREET COURTHOUSE.
Court clerk to give notice.