Judge: Mark E. Windham, Case: LAM17A08497, Date: 2024-07-30 Tentative Ruling
Case Number: LAM17A08497 Hearing Date: July 30, 2024 Dept: 26
63 Van Nuys, LLC v. Vahidi, et al.
MOTION
FOR ORDER REQUIRING ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT AND FOR
ATTORNEY FEES
TENTATIVE RULING:
Judgment Debtor Ali Vahidi’s
Motion For Order Requiring Acknowledgement Of Satisfaction Of Judgment And For
Attorney’s Fees is GRANTED. JUDGMENT DEBTOR IS AWARDED ATTORNEY’S FEES OF
$9,015.00.
ANALYSIS:
On May 9, 2017, Plaintiff 63 Van
Nuys, LLC (“Judgment Creditor”) filed the Complaint in this action against Defendant
Ali Vahidi (“Judgment Debtor”). Judgment Debtor filed a cross-complaint on July
7, 2017. The case came for trial in October 2021 and the Court issued a
decision on December 3, 2021. (Minute Order, 12/03/21.) Judgment was entered
wholly in favor of Judgment Creditor on January 25, 2022. (Entry of Judgment,
01/25/22.) On April 15, 2022, the Court also awarded Judgment Creditor
attorney’s fees. (Minute Order, 04/15/22.)
Judgment Debtor filed the instant Motion For Order Requiring
Acknowledgement Of Satisfaction Of Judgment And For Attorney Fees on June 28,
2024. Judgment Creditor filed an opposition on July 17, 2024 and Judgment
Debtor replied on July 23, 2024. An acknowledgment of satisfaction of judgment
was filed on July 17, 2024.
Discussion
Judgment Debtor moves pursuant to Code of Civil Procedure
section 724.050, which states in relevant part:
(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 January 18,
2024, following Judgment Debtor’s payment in the total amount of $65,000.00 per
the parties’ agreement. (Motion, Ali Vahidi Decl., ¶¶2-5 and Exhs. A-B.)
Judgment Creditor does not dispute that full payment of the judgment was made
by Judgment Debtor on January 18, 2024. Judgment Debtor mailed a written demand
that Judgment Creditor file an acknowledgment of satisfaction of judgment on
March 11, 2024, in accordance with the requirements of Code of Civil Procedure
section 724.050, subdivision (b).
Judgment Creditor does not dispute that the demand complied
with the statutory requirements. Judgment Creditor was required to comply with
the demand within 15 days of actual receipt. (Code Civ. Proc., §724.050, subd.
(c).) Judgment Creditor’s attorney declares they did not receive the letter
sent by Judgment Debtor on March 11, 2024 and only saw it for the first time on
May 13, 2024. (Opp., Tanenbaum Decl., ¶¶24-25.) The reply, however,
demonstrates that the demand letter was delivered and signed for by W.
Tanenbaum on March 13, 2024. (Reply, B. Vahidi Decl., Exh. F.) Accordingly, the
Court finds the written demand was received by Judgment Creditor on March 13,
2024 and the deadline for Judgment Creditor to file an acknowledgment of
satisfaction of judgment expired on March 28, 2024.
Judgment Creditor did not file an acknowledgment of
satisfaction of judgment until May 24, 2024, which was rejected for filing by
the Court on the same date as incomplete. (Opp., Lane Decl., ¶3 and Exh. A.) In
fact, this was almost one month after Judgment Creditor’s attorney directed
their secretary to file the acknowledgment. (Id. at ¶2.) Nor does the
Court find Judgment Debtor responsible for any delay in the filing of the
acknowledgment of satisfaction. Judgment Creditor did not attempt to obtain the
information necessary to file the acknowledgment of satisfaction until the end
of May 2024, months after the deadline had expired. Nor does Judgment Creditor
show that non-payment of court fees by Judgment Debtor has any bearing on the
statutory requirements for obtaining an order to file the acknowledgment of
satisfaction. As Judgment Debtor has shown, the statutory requirements of Code
of Civil Procedure section 724.050 has been satisfied. The request for relief,
however, is now moot based on the acknowledgment of satisfaction of judgment
filed on July 17, 2024.
Judgment Debtor moves for an award of attorney’s fees
pursuant to Code of Civil Procedure section 724.080 as the prevailing party in
the amount of $9,015.00 based on 19.9 hours billed at $450.00 per hour and the
$60.00 filing fee. (Motion, B. Vahidi Decl., ¶¶14-18; Reply, B. Vahidi Decl.,
¶¶16-21.) The Court does not find just cause for the delay in Judgment
Creditor’s filing of the acknowledgment of satisfaction of judgment following
receipt of the demand on March 13, 2024, communication with Judgment Creditor’s
attorney’s secretary on April 29, 2024, and first attempt to file the
acknowledgment of satisfaction on May 24, 2024. Judgment Debtor is awarded
attorney’s fees of $9,015.00.
Conclusion
Judgment Debtor Ali Vahidi’s Motion For Order
Requiring Acknowledgement Of Satisfaction Of Judgment And For Attorney’s Fees
is GRANTED. JUDGMENT DEBTOR IS AWARDED ATTORNEY’S FEES OF $9,015.00.
Moving party to give notice.