Judge: Melvin D. Sandvig, Case: PC042282, Date: 2024-04-02 Tentative Ruling

Case Number: PC042282    Hearing Date: April 2, 2024    Dept: F47

Dept. F47

Date: 4/2/24

Case #PC042282

(1) MOTION TO ADD ALL OF AUTOMATED TELLER ACCESSORIES, CORP.

NEW NAMES & FOR AN ASSIGMENT ORDER

&

(2) MOTION TO REINSTATE PUNITIVE DAMAGES

Motion No. 1 filed on 2/15/24.

Motion No. 2 filed on 2/20/24.

MOVING PARTY: Plaintiff/Judgment Creditor Robert Johnson

RESPONDING PARTY: ATA Services, Inc.

RELIEF REQUESTED:

(1) An order adding all of Automated Teller Accessories, Corp. new names created as of and thereafter 4/8/10 and for an assignment order restraining judgment debtor(s) from encumbering, assigning or disposing of the rights to payments due to or become due to judgment debtor(s) from Sterling entities; and

(2) An order reinstating punitive damages.

RULINGS: The motions are denied.

 Default Judgment was entered on 4/7/10 against Defendant Automated Teller Accessories Corporation.

On 2/15/24, Plaintiff/Judgment Creditor Robert Johnson (Plaintiff), representing himself, filed a motion for an order adding all of Automated Teller Accessories, Corp. new names created as of and thereafter 4/8/10 and for an assignment order restraining judgment debtor(s) from encumbering, assigning or disposing of the rights to payments due to or become due to judgment debtor(s) from Sterling entities (Motion No. 1).  On 2/15/24, Plaintiff also filed a proof of service regarding Motion No. 1. 

On 2/20/24, Plaintiff filed a motion seeking an order to reinstate punitive damages (Motion No.2).  There is no proof of service for Motion No.2.

On 3/22/24, ATA Services, Inc. (ATA) filed and served a late declaration of attorney David A. Garcia in support of ATA’s opposition to Motion No.1.  See CCP 1005(b).  No separate opposition document was filed. 

Even without considering the late filed and served opposition document, the motions fail.

As noted above, there is no proof of service for Motion No.2 and the late opposition does not address that motion to cure the defect. 

Additionally, the motions are defective in that they fail to provide clear notice of the relief requested as required by California Rules of Court, Rule (CRC) 3.1110(a).  The motions also do not include memorandums of points and authorities as required.  See CRC 3.1112(a)(3); CRC 3.1113(a), (b).

Plaintiff has failed to establish that any other entity should be added to the judgment as a judgment debtor.  Plaintiff has also failed to adequately support his request for an assignment order.  Further, Plaintiff  has failed to provide any authority which would allow amending the judgment to include punitive damages.