Defendant Emilio Colorado’s Motion to Compel Acknowledgment of Partial Satisfaction of Judgment is GRANTED [see below].

Background   

Case No. BC665690

Plaintiff John Rodriguez (“Plaintiff”) sustained injuries in a June 9, 2016 motorcycle v. car collision.

On June 20, 2017, Plaintiff filed a complaint, asserting causes of action against City of Irwindale (“Irwindale”), State of California—CalTrans (“CalTrans”), County of Los Angeles (“County”), Tony Lai (“Lai”) and Does 1-100 for:

1.                  Liability for Dangerous Condition of Public Property Pursuant to Gov’t. Code § 835

2.                  Negligence

On November 17, 2017, Plaintiff filed an “Amendment to Complaint,” wherein City of Baldwin Park (“Baldwin Park”) was named in lieu of Doe 2.

On December 14, 2017, Plaintiff dismissed CalTrans, without prejudice.

On December 21, 2017, Baldwin Park filed a cross-complaint, asserting causes of action against Lai, County and Roes 1-50 for:

1.                  Contribution

2.                  Declaratory Relief

3.                  Apportionment

4.                  Equitable Comparative Indemnity

5.                  Total Equitable Indemnity

On March 7, 2018, Baldwin Park filed an “Amendment to [Cross-]Complaint,” wherein Emilio Colorado (“Colorado”) was named in lieu of Roe 1.

On April 23, 2018, Case Nos. BC665690 and BC693398 were ordered related.

On May 24, 2018, Irwindale filed a cross-complaint, asserting causes of causes of action against Colorado, Lai and Roes 1-100 for:

1.                  Total Equitable Indemnity

2.                  Partial Equitable Indemnity

3.                  Declaratory Relief

4.                  Contribution and Repayment

On June 1, 2018, Lai filed a cross-complaint, asserting causes of action against Irwindale, Baldwin Park, Colorado and Foes 1-100 for:

1.                  Equitable Indemnity

2.                  Contribution

3.                  Apportionment

4.                  Declaratory Relief

On July 11, 2018, Case Nos. BC665690 and BC693398 were ordered consolidated; Case No. BC665690 was designated as the lead case.

On August 14, 2018, Colorado filed a cross-complaint, asserting causes of action against Irwindale, Baldwin Park, Lai and Roes 1-20 for:

1.                  Indemnity

2.                  Contribution

On August 16, 2019, Plaintiff dismissed County, without prejudice.

On January 6, 2020, an “Order Determining Good Faith Settlement” as between Plaintiff and Lai was entered. On January 8, 2020, Plaintiff dismissed Lai, with prejudice.

On September 18, 2020, the court granted Irwindale’s motion for determination of good faith settlement. On September 28, 2020, Plaintiff dismissed Irwindale, with prejudice.

On September 30, 2020, Irwindale dismissed its cross-complaint, without prejudice.

On September 7, 2021, an order granting Baldwin Park’s motion for determination of good faith settlement was filed.

The case proceeded to jury trial on September 9, 2021. On January 6, 2022, “Judgment on Special Verdict” was entered.

On September 18, 2023, remittitur was filed (affirmed).

Case No. BC693398

On February 8, 2018, Plaintiff filed a complaint, asserting causes of action against Colorado and Does 1-10 for:

1.                  Motor Vehicle

2.                  General Negligence

On April 23, 2018, Case Nos. BC665690 and BC693398 were ordered related. On July 11, 2018, Case Nos. BC665690 and BC693398 were ordered consolidated; Case No. BC665690 was designated as the lead case.

Legal Standard

“The judgment debtor . . . may serve on the judgment creditor a demand in writing that the judgment creditor execute, acknowledge, and deliver an acknowledgment of partial satisfaction of judgment to the person who made the demand. Service shall be made personally or by mail. If the judgment has been partially satisfied, the judgment creditor shall comply with the demand not later than 15 days after actual receipt of the demand.” (Code Civ. Proc., § 724.100, subd. (a).)

“If the judgment creditor does not comply with the demand within the time allowed, the judgment debtor or the owner of the real or personal property subject to a judgment lien created under the judgment may apply to the court on noticed motion for an order requiring the judgment creditor to comply with the demand. The notice of motion shall be served on the judgment creditor. Service shall be made personally or by mail. If the court determines that the judgment has been partially satisfied and that the judgment creditor has not complied with the demand, the court shall make an order determining the amount of the partial satisfaction and may make an order requiring the judgment creditor to comply with the demand.” (Code Civ. Proc., § 724.100, subd. (b).)

Discussion

Colorado moves the court for an order compelling Plaintiff to comply with Colorado’s written demand to file and deliver acknowledgment of partial satisfaction of judgment.

Colorado’s counsel Tracy D. Forbath (“Forbath”) represents as follows:

Judgment was entered on January 6, 2022. (Forbath Decl., ¶ 4, Exh. B). Colorado subsequently appealed. (Id., ¶ 5, Exh. C.) On April 3, 2023, during the pendency of the appeal, Colorado tendered Check No. 1635792584 to Plaintiff in the amount of $15,000.00. (Id., ¶ 6). On August 14, 2023, Forbath sent a letter to Plaintiff’s counsel Mauro Fiore Jr., memorializing therein that Colorado had tendered a $15,000.00 check to Plaintiff on April 3, 2023 and requesting that Plaintiff file and deliver a partial acknowledgment of satisfaction of judgment on or before August 29, 2023. (Id., ¶ 8, Exh. E). Plaintiff has not responded to the aforesaid August 14, 2023 letter by filing a partial acknowledgment of satisfaction of judgment as of the October 16, 2023 motion filing date. (Id., ¶ 9).

The motion is granted. Plaintiff is to deliver an acknowledgment of partial satisfaction of judgment in the amount of $15,000.00 to Colorado within 10 days from the date of the hearing.