Judge: Theresa M. Traber, Case: 23STCP04473, Date: 2024-06-10 Tentative Ruling

Case Number: 23STCP04473    Hearing Date: June 10, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     June 10, 2024             Judgment: December 12, 2024

CASE:                         Entrision, LLC v. Deadstock, LLC

CASE NO.:                 23STCP04473           

MOTION TO AMEND JUDGMENT AND APPLICATION FOR ENTRY OF JUDGMENT ON SISTER STATE JUDGMENT

MOVING PARTY:               Judgment Creditor Entrision, LLC

RESPONDING PARTY(S): No response on eCourt as of 6/5/24

CASE HISTORY:

·         12/01/23: Application filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This was an application for entry of judgment on a sister state judgment.

Judgment Creditor moves to amend the judgment to name Brian Bereber as a judgment debtor identified in the sister state judgment, and applies for entry of judgment against him thereon.

TENTATIVE RULING:

            Judgment Creditor’s Motion to Amend the Judgment and Application for Entry of Judgment on Sister-State Judgment is GRANTED as described herein.

DISCUSSION:

Judgment Creditor moves to amend the judgment to name Brian Bereber as a judgment debtor identified in the sister state judgment, and applies for entry of judgment against him thereon.

Amendment of Judgment

            Plaintiff moves for amendment under Code of Civil Procedure section 187. This code section is a catch-all provision which states:

When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; ¿and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.

(Code Civ. Proc. § 187.) As Judgment Creditor states, the proposed Judgment Debtor is expressly named as a debtor in the underlying Wisconsin default judgment on which this enforcement action is based. (See Application for Entry of Judgment p.3.) Judgment Creditor states that the Clerk of Court would not permit the submission of a separate Application for Entry of Sister-State Judgment, instead requiring that Judgment Creditor amend the judgment. (Declaration of Michael A. Strauss ISO Mot. Exh. B.) As entry of a sister-state judgment is mandatory when an application is made in conformity with the Sister State Judgments Act (Code Civ. Proc. §§ 1710.15, 1710.20; 1710.25), the Court turns to the accompanying application to determine whether the procedural requirements have been satisfied.

Entry of Judgment on Sister State Judgment

            An application for entry of sister-state judgment “shall be executed under oath and shall include all the following:

(1) A statement that an action in this state on the sister state judgment is not barred by the applicable statute of limitations.

(2) A statement, based on the applicant's information and belief, that no stay of enforcement of the sister state judgment is currently in effect in the sister state.

(3) A statement of the amount remaining unpaid under the sister state judgment and, if accrued interest on the sister state judgment is to be included in the California judgment, a statement of the amount of interest accrued on the sister state judgment (computed at the rate of interest applicable to the judgment under the law of the sister state), a statement of the rate of interest applicable to the judgment under the law of the sister state, and a citation to the law of the sister state establishing the rate of interest.

(4) A statement that no action based on the sister state judgment is currently pending in any court in this state and that no judgment based on the sister state judgment has previously been entered in any proceeding in this state.

(5) Where the judgment debtor is an individual, a statement setting forth the name and last known residence address of the judgment debtor. Where the judgment debtor is a corporation, a statement of the corporation's name, place of incorporation, and whether the corporation, if foreign, has qualified to do business in this state under the provisions of Chapter 21 (commencing with Section 2100) of Division 1 of Title 1 of the Corporations Code. Where the judgment debtor is a partnership, a statement of the name of the partnership, whether it is a foreign partnership, and, if it is a foreign partnership, whether it has filed a statement pursuant to Section 15800 of the Corporations Code designating an agent for service of process. Except for facts which are matters of public record in this state, the statements required by this paragraph may be made on the basis of the judgment creditor's information and belief.

(6) A statement setting forth the name and address of the judgment creditor.

(Code Civ. Proc. § 1710.15(b).) A properly authenticated copy of the sister-state judgment must also be attached. (Id. subd. (c).)

            The application included in the moving papers states that the judgment creditor is Entrision, LLC, 324 E. Wisconsin Ave., # 625, Milwaukee, WI 53202, that the judgment debtor is Brian Bereber, whose last known residence address is 506 N. Gardner St., Los Angeles, CA 90036, and that the sister state is Wisconsin and sister state court is the Milwaukee County Circuit Court, 901 N. 9th Street, Room 104, Milwaukee, WI 53233. (Motion p.4:17-24.) An authenticated copy of the sister-state judgment is attached to the application. (Strauss Decl. Exh. A.) Judgment Creditor states that the amount remaining unpaid on the judgment is $86,252.84, plus interest at an annual interest rate of 8.5%, as allowed by the sister state. (Wisc. Stats. 814.04(4); Mot. p.4:26-28.) Judgment Creditor also declares that an action on the sister-state judgment is not barred by the statute of limitations, that, on information and belief, no stay of enforcement is now in effect in the sister state, and that no action is pending nor any judgment has previously been entered against Bereber in any California proceeding based on the sister-state judgment. (Motion p.5:3-8.) As Judgment Creditor has satisfied the procedural requirements of the operative statutes, the Court finds that amendment of the judgment to name Brian Bereber as Judgment Debtor is appropriate.

Accrued Interest

            Judgment Creditor also requests that the Court amend the existing judgment to reflect accrued post-judgment interest. However, the authorities which Judgment Creditor cites concern the recovery of costs, which are separate from post-judgment interest. (Code Civ. Proc. §§ 685.010 [interest]; 685.040 [costs of enforcement].) Costs of enforcement are enumerated in section 685.070 and do not include post-judgment interest. (Code Civ. Proc. § 685.070.) Indeed, section 685.090 states that costs properly sought in a memorandum of costs are “included in the principal amount of the judgment remaining unsatisfied.” (Code Civ. Proc. § 685.090(b).) Interest, by definition, is not principal. Moreover, by the plain language of Code of Civil Procedure section 685.010, that interest accrues by operation of law, without need for further amendment. (Code Civ. Proc. § 685.010.) The Court therefore declines to amend the judgment in this manner because amendment is neither proper nor necessary.

CONCLUSION:

            Accordingly, Judgment Creditor’s Motion to Amend the Judgment and Application for Entry of Judgment on Sister-State Judgment is GRANTED as described herein.

            Moving Party to give notice.

IT IS SO ORDERED.

Dated:  June 10, 2024                         ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.