Judge: Melissa R. Mccormick, Case: "Sax v. Convergence Wireless, Inc., et al.", Date: 2023-05-18 Tentative Ruling

Judgment Creditor Brian M. Sax’s Application for Sale of Dwelling

Judgment Creditor Brian M. Sax applies for an order for sale of the dwelling located at 720 Harmony Lane, Fullerton, California 92831.  For the following reasons, Sax’s application is denied without prejudice.

Civil Procedure Code section 704.770(b)(1) states: “Not later than 30 days before the time set for hearing, the judgment creditor shall . . . [s]erve 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.”  The proofs of service (ROA 674 and 676) reflect Sax personally served Judgment Creditor Judy Hirou with copies of the order to show cause and the application.  The proofs of service do not reflect service of “a copy of the notice of the hearing in the form prescribed by the Judicial Council.”  See Judicial Council form EJ-180.

The application also does not contain a statement specifying whether “the judgment is based on a consumer debt, as defined in subdivision (a) of Section 699.730, or that the judgment is not based on a consumer debt, and if the judgment is based on a consumer debt, whether the judgment is based on a consumer debt that was secured by the debtor’s principal place of residence at the time it was incurred or a statement indicating which of the exemptions listed in subdivision (b) of Section 699.730 are applicable.”  Civ. Proc. Code § 704.760(d).

Judgment Creditor Brian M. Sax to give notice.