Judge: Thomas D. Long, Case: 22STCP02242, Date: 2023-11-16 Tentative Ruling

Case Number: 22STCP02242    Hearing Date: November 16, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On January 5, 2012, Plaintiff Redwood Recovery Services, LLC sought a sister-state judgment in this Court against Defendant Jeffrey L. Kirsch based on a judgment entered in March 2011 by the Circuit Court for the Eleventh Judicial Circuit in and for Miami-Dade County in Florida.  (Motion at p. 2; RJN, Ex. B.)  Judgment was entered on January 31, 2012.  (Motion at p. 2; RJN, Ex. C.)  Plaintiff did not renew the California judgment during the next ten years.

On June 9, 2022, Plaintiff filed another application for entry of sister-state judgment against Defendant, again based on the March 2011 Florida judgment.  Defendant was never served with the application or judgment notice in this action.  (Motion at p. 2; Kirsch Decl. ¶¶ 2-3.)

On October 13, 2023, Defendant filed a motion to vacate the sister-state judgment.  (Defendant’s request for judicial notice is granted.)  Plaintiff filed a notice of non-opposition.

No sister-state judgment may be entered when a judgment has previously been entered in California.  (Code Civ. Proc., §§ 1710.55, 1710.60.)  Because a sister-state judgment was already entered on the March 2011 Florida judgment, the judgment in this action is void.

Accordingly, the unopposed motion to vacate judgment is GRANTED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 16th day of November 2023