Judge: Robert B. Broadbelt, Case: 23STCV14947, Date: 2025-04-23 Tentative Ruling
Case Number: 23STCV14947 Hearing Date: April 23, 2025 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
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23STCV14947 |
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Hearing
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April
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[tentative]
Order RE: plaintiff’s motion for judgment against
garnishee |
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MOVING PARTY: Plaintiff Lawrence M. Markey,
Jr.
RESPONDING PARTY: Unopposed
Motion for Judgment Against Garnishee
The court
considered the moving papers filed in connection with this motion. No opposition papers were filed.
DISCUSSION
Plaintiff Lawrence M. Markey Jr. (“Plaintiff”) filed this action
against defendant Catherine P. Gamez (“Defendant”) on June 26, 2023.
The clerk entered Defendant’s default on January 2, 2024. Thereafter, on January 26, 2024, the court
entered default judgment in favor of Plaintiff and against Defendant in the
amount of $58,928. (Jan. 26, 2024
JUD-100, ¶¶ 5-6.)
Plaintiff now requests that the court enter judgment in favor of
Plaintiff and against third-party Ryan Garcia (“Garcia”) in the amount of $15,000.
The court finds that Plaintiff has not shown that he properly served
Garcia with the moving papers filed in connection with this motion.
The proof of service of this motion, filed on August 8, 2024, states
that Garcia was served with the pending motion by mail, “c/o KingRy, Inc.” at
the address 1880 Century Park East, Suite 950, Los Angeles, California,
90067. (Aug. 8, 2024 POS-030, ¶¶ 3, 4,
subd. (a), 5.) However, Garcia has not
made an appearance in this action (as he is not a party). Thus, the court cannot verify that the
address of service of the moving papers by mail is Garcia’s address of
record. If Plaintiff is seeking relief
against Garcia in this action, Plaintiff must serve Garcia with any motion
seeking such relief in the same manner required for service of summons.
The court therefore denies Plaintiff’s motion, without prejudice to
Plaintiff’s filing a new motion seeking relief against Garcia that is
accompanied by a valid proof of service.
ORDER
The court denies, without prejudice,
plaintiff Lawrence M. Markey, Jr.’s motion for judgment against garnishee.
The court orders plaintiff Lawrence
M. Markey, Jr. to give notice of this ruling.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court