Judge Mark E. Windham, Case Number: LAM16K15175, Date: 2024-08-12 Tentative Ruling

Judge: Mark E. Windham, Case: LAM16K15175, Date: 2024-08-12 Tentative Ruling

Case Number: LAM16K15175 Hearing Date: August 12, 2024 Dept: 26

Seaborn v. Safeway, Inc., et al.

ORDER REQUIRING ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT AND FOR ATTORNEY FEES

(CCP §724.050)

TENTATIVE RULING:

Motion of Judgment Debtor BCI Coca-Cola Bottling Company of Los Angeles and Defendant The Coca-Cola Company for Entry of Satisfaction of Judgment is GRANTED solely as to Judgment Debtor BCI Coca-Cola Bottling Company of Los Angeles.

ANALYSIS:

On December 12, 2016, Plaintiff Fallon Seaborn (“Judgment Creditor”) filed the Complaint in this action against Safeway, Inc. and The Coca-Cola Company (“Defendant Coca-Cola”). Defendant Coca-Cola filed an answer to the Complaint, “for itself and itself alone,” on March 2, 2017. Defendants Vons Companies, Inc., AB Acquisition LLC, and BCI Coca-Cola Bottling Company of Los Angeles (“Judgment Debtor BCI”) were later added as doe defendants. Judgment Debtor BCI filed an answer to the First Amended Complaint, “for itself alone, and for no other defendants” on June 11, 2018.

Following trial on January 9, 2019, Judgment was entered in favor of Plaintiff and against Judgment Debtor BCI in the amount of $4,500.00. (Judgment, 01/09/19, p. 1.) Confusingly, the trial court’s minute order of the same date appears to grant judgment in favor of Plaintiff and against Coca-Cola, but then later refers to Judgment Debtor BCI. (Ibid.) Judgment Creditor’s appeal of the judgment was dismissed on January 24, 2020.

Defendant Coca-Cola and Judgment Debtor BCI filed the instant Motion for Entry of Satisfaction of Judgment on June 10, 2024. No opposition has been filed to date.

Discussion

To the extent no judgment has been entered as to Defendant Coca-Cola, the Court will only consider the Motion as brought by Judgment Debtor BCI, which moves pursuant to Code of Civil Procedure section 724.050:

(a) If a money judgment has been satisfied, the judgment debtor, the owner of real or personal property subject to a judgment lien created under the judgment, or a person having a security interest in or a lien on personal property subject to a judgment lien created under the judgment may serve personally or by mail on the judgment creditor a demand in writing that the judgment creditor do one or both of the following:

(1) File an acknowledgment of satisfaction of judgment with the court.

(2) Execute, acknowledge, and deliver an acknowledgment of satisfaction of judgment to the person who made the demand.

(Code Civ. Proc., § 724.050, subd. (a).) “If the judgment has been satisfied, the judgment creditor shall comply with the demand not later than 15 days after actual receipt of the demand.” (Code Civ. Proc., § 724.050, subd. (c).) If the judgment creditor does not comply, the judgment debtor may move for an order from the Court, as follows: “If the court determines that the judgment has been satisfied and that the judgment creditor has not complied with the demand, the court shall either (1) order the judgment creditor to comply with the demand or (2) order the court clerk to enter satisfaction of the judgment.” (Code Civ. Proc., § 724.050, subd. (d).)

The Court finds the judgment was satisfied on April 28, 2020, following Judgment Debtor BCI’s payment in the total amount of $4,433,68 ($4,500.00 less costs on appeal of $66.32). (Motion, Green Decl., ¶¶3-8 and Exhs. 2-7.) Judgment Creditor’s counsel, five days prior, sent an email stating that a Satisfaction of Judgment would be filed upon receipt of the check. (Id. at ¶¶7-8 and Exh. 7.) Multiple demands for Satisfaction of Judgment were made to Judgment Creditor’s counsel but none has been filed to date. (Id. at ¶¶9-18 and Exhs. 8-17.) Therefore, the clerk is ordered to enter satisfaction of judgment with respect to Judgment Debtor BCI.

Conclusion

Moving party to give notice.