Judge: Salvatore Sirna, Case: KC064358, Date: 2023-03-30 Tentative Ruling

Case Number: KC064358    Hearing Date: March 30, 2023    Dept: G

Defendant Maria G. Moreno’s Motion to Modify Renewal of Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Defendant Maria G. Moreno’s Motion to Modify Renewal of Judgment is DENIED.

BACKGROUND

On July 30, 2012, Plaintiff State Farm Mutual Automobile Ins. Co. filed a complaint against Maria G. Moreno (Defendant) and Ignacio Moreno (collectively, Morenos). On December 14, default was entered against the Morenos.

On January 30, 2013, the court entered default judgment against Moreno in the amount of $20,874.50 and Defendant in the amount of $26,107.50. On October 17, 2019, Plaintiff filed an abstract of judgment. On December 8, 2022, Plaintiff filed an application for renewal of judgment in the amount of $51,780.77 with post judgment interest of $25,628.27.

On January 19, 2023, Defendant filed the present motion. A hearing on the motion is set for March 30.

ANALYSIS

Defendant moves for a modification of Plaintiff’s renewal of judgment on the grounds that Defendant cannot afford the amount requested and would like to set up a payment plan. For the following reasons, the court DENIES Defendant’s motion.

Within sixty days of being served with a notice of renewal of the judgment, Defendant may make a motion to vacate or modify the renewal. (Code Civ. Proc., § 638.160, subd. (a).) The renewal “may be vacated on any ground that would be a defense to an action on the judgment, including the ground that the amount of the renewed judgment as entered pursuant to this article is incorrect, and shall be vacated if the application for renewal was filed within five years from the time the judgment was previously renewed under this article.” (Code Civ. Proc., § 683.170, subd. (a).) Notice of Defendant’s motion must be served on the judgment creditor personally or by mail. (Code Civ. Proc., § 683.170, subd. (c).)

In this case, Defendant’s two paragraph declaration is insufficient to establish grounds for vacating or modifying the renewal of judgment in this action as Defendant fails to cite to or identify any legal authority that would allow the court to modify the renewal of judgment based on Defendant’s inability to pay the judgment or a desire for an installment payment plan.

Accordingly, Defendant’s motion is DENIED.

CONCLUSION

Based on the foregoing, the court DENIES Defendant’s motion.