This case was last updated from Los Angeles County Superior Courts on 10/15/2020 at 05:00:11 (UTC).

2 COOPER SQUARE, LLC VS JOSHUA SINGER

Case Summary

On 01/08/2020 2 COOPER SQUARE, LLC filed an Other - Other Judgment lawsuit against JOSHUA SINGER. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0121

  • Filing Date:

    01/08/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Other Judgment

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

2 COOPER SQUARE LLC

Defendant

SINGER JOSHUA

Attorney/Law Firm Details

Plaintiff Attorney

BOOSKA STEVEN A.

Defendant Attorneys

ESKOVITZ SEAN A.

ESKOVITZ KATHERINE ANN

 

Court Documents

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

9/28/2020: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

Certificate of Mailing for - Certificate of Mailing for (Ruling on Submitted Matter) of 08/12/2020

8/12/2020: Certificate of Mailing for - Certificate of Mailing for (Ruling on Submitted Matter) of 08/12/2020

Declaration (name extension) - Declaration Re: Electronic Service, NY Summons

8/13/2020: Declaration (name extension) - Declaration Re: Electronic Service, NY Summons

Declaration (name extension) - Declaration Re: NY Summons & Electronic Service

8/13/2020: Declaration (name extension) - Declaration Re: NY Summons & Electronic Service

Proof of Service by Substituted Service - Proof of Service by Substituted Service

8/17/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Minute Order - Minute Order (Hearing on Motion to Vacate Default Judgment and Dismiss Proc...)

7/28/2020: Minute Order - Minute Order (Hearing on Motion to Vacate Default Judgment and Dismiss Proc...)

Motion to Vacate (name extension) - Motion to Vacate Amended Motion, Notice, and Memorandum in Support of Motion to Vacate Default Judgment

7/14/2020: Motion to Vacate (name extension) - Motion to Vacate Amended Motion, Notice, and Memorandum in Support of Motion to Vacate Default Judgment

Certificate of Mailing for - Certificate of Mailing for (Court Order Transferring Department 44 case) of 06/11/2020

6/11/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Transferring Department 44 case) of 06/11/2020

Proof of Service by Substituted Service - Proof of Service by Substituted Service

7/6/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Minute Order - Minute Order (Hearing on Motion to Vacate Default Judgment and dismiss proc...)

7/14/2020: Minute Order - Minute Order (Hearing on Motion to Vacate Default Judgment and dismiss proc...)

Motion to Vacate (name extension) - Motion to Vacate Default Judgment and Dismiss Proceeding; Memorandum in Support; and Proposed Order

4/27/2020: Motion to Vacate (name extension) - Motion to Vacate Default Judgment and Dismiss Proceeding; Memorandum in Support; and Proposed Order

Declaration (name extension) - Declaration Face Page Motion, Declaration, Exhibits A-F

4/29/2020: Declaration (name extension) - Declaration Face Page Motion, Declaration, Exhibits A-F

Declaration (name extension) - Declaration of Josh Singer in Support of Motion to Vacate Default Judgment

4/29/2020: Declaration (name extension) - Declaration of Josh Singer in Support of Motion to Vacate Default Judgment

Certificate of Mailing for - Certificate of Mailing for [Motion to Vacate Notion and Motion to Vacate Default Judgment and Dismiss Proceeding; Memorandum in Support; and Proposed Order]

5/1/2020: Certificate of Mailing for - Certificate of Mailing for [Motion to Vacate Notion and Motion to Vacate Default Judgment and Dismiss Proceeding; Memorandum in Support; and Proposed Order]

Notice (name extension) - Notice Of Entry of Judgment on Sister-State Judgment

1/8/2020: Notice (name extension) - Notice Of Entry of Judgment on Sister-State Judgment

Application for Entry of Judgment on Sister-State Judgment - Application for Entry of Judgment on Sister-State Judgment

1/8/2020: Application for Entry of Judgment on Sister-State Judgment - Application for Entry of Judgment on Sister-State Judgment

Declaration (name extension) - Declaration re Accruing Interest and Recoverable Cost Under the Sister-State

1/8/2020: Declaration (name extension) - Declaration re Accruing Interest and Recoverable Cost Under the Sister-State

First Amended Standing Order - First Amended Standing Order

1/8/2020: First Amended Standing Order - First Amended Standing Order

19 More Documents Available

 

Docket Entries

  • 09/28/2020
  • DocketOrder granting mtn to set aside default judgment; Filed by: Clerk

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  • 09/28/2020
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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  • 09/28/2020
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) cont'd from 07/28/20 scheduled for 09/28/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 36 updated: Result Date to 09/28/2020; Result Type to Held

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  • 09/28/2020
  • DocketUpdated -- Judgment - *vacated per court order of 09/28/20*: Result: Vacated; Name Extension: - *vacated per court order of 09/28/20*; Result Date: 09/28/2020; As To Parties: removed

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  • 08/17/2020
  • DocketProof of Service by Substituted Service; Filed by: JOSHUA SINGER (Defendant); As to: 2 COOPER SQUARE, LLC (Plaintiff); Proof of Mailing Date: 08/17/2020; Service Cost: 0.00; Service Cost Waived: Yes

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  • 08/13/2020
  • DocketDeclaration Re: Electronic Service, NY Summons; Filed by: JOSHUA SINGER (Defendant)

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  • 08/13/2020
  • DocketDeclaration Re: NY Summons & Electronic Service; Filed by: 2 COOPER SQUARE, LLC (Plaintiff)

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  • 08/12/2020
  • DocketOrder continuing mtn to vacate; Filed by: Clerk

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  • 08/12/2020
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) cont'd from 07/28/20 scheduled for 09/28/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 36

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  • 08/12/2020
  • DocketCertificate of Mailing for (Ruling on Submitted Matter) of 08/12/2020; Filed by: Clerk

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29 More Docket Entries
  • 01/13/2020
  • DocketCase assigned in ROOM 118 Stanley Mosk Courthouse

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  • 01/08/2020
  • DocketJudgment; Filed by: Clerk

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  • 01/08/2020
  • DocketOn the Petition filed by 2 COOPER SQUARE, LLC on 01/08/2020, judgment entered on 01/08/2020 as to JOSHUA SINGER is

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  • 01/08/2020
  • DocketCourt orders judgment entered for Plaintiff 2 COOPER SQUARE, LLC against Defendant JOSHUA SINGER on the Petition filed by 2 COOPER SQUARE, LLC on 01/08/2020 for the principal amount of $20,296.60, interest of $3,855.00, and costs of $370.00 for a total of $24,521.60.

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  • 01/08/2020
  • DocketApplication for Entry of Judgment on Sister-State Judgment; Filed by: 2 COOPER SQUARE, LLC (Plaintiff); As to: JOSHUA SINGER (Defendant)

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  • 01/08/2020
  • DocketDeclaration re Accruing Interest and Recoverable Cost Under the Sister-State; Filed by: 2 COOPER SQUARE, LLC (Plaintiff); As to: JOSHUA SINGER (Defendant)

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  • 01/08/2020
  • DocketNotice Of Entry of Judgment on Sister-State Judgment; Issued and Filed by: 2 COOPER SQUARE, LLC (Plaintiff); As to: JOSHUA SINGER (Defendant)

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  • 01/08/2020
  • DocketCivil Case Cover Sheet; Filed by: 2 COOPER SQUARE, LLC (Plaintiff); As to: JOSHUA SINGER (Defendant)

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  • 01/08/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 01/08/2020
  • DocketUpdated -- On the Petition filed by 2 COOPER SQUARE, LLC on 01/08/2020, judgment entered on 01/08/2020 is vacated

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Tentative Rulings

Case Number: 20STCP00121    Hearing Date: September 28, 2020    Dept: 36

 

 

Superior Court of California

County of Los Angeles

Department 36

2 COOPER SQUARE LLC,

Plaintiff,

v.

JOSHUA SINGER,

Defendant.

Case No.: 20STCP00121

Hearing Date: 9/28/2020

[TENTATIVE] RULING RE: Defendant’s Motion to Vacate Default Judgment

Judgment Debtor Joshua Singer’s motion to vacate default judgment is granted.

 

Legal Standard

The entry of a sister state judgment may only be vacated by establishing a defense under Code of Civil Procedure, section 1710.40. (CCP § 1710.40; see Liquidator of Integrity Ins. Co. v. Hendrix , 973.) California courts have authority to vacate a sister state money judgment on the ground the judgment exceeds the jurisdiction of the sister state court under California’s Sister State Money Judgments Act. (Comment to Code Civ. Proc. Section 1710.40(a).)

Discussion

Movant Joshua Singer moves to vacate default judgment on grounds that the New York Supreme Court, County of Westchester, which granted default judgment against him on August 16, 2017 in the action 2 Cooper Square LLC v. Joshua Singer (Index No. 67146/2016), had no jurisdiction over him, as he had not been served with summons in that action; and alternatively on grounds of excusable default. An opposition has not been filed.

Electronic Service

Judgment Debtor has filed a declaration attesting to proper electronic service of the instant motion by electronic service, by having confirmed the e-mail address of Steven A. Booska, counsel for Plaintiff 2 Cooper Square, LLC, by email. (Cal. Rules of Court, emer. Rule 12(b), appen. I.; see Eskovitz Decl. ¶ 4.)

Timeliness

A movant to vacate a sister state judgment must move to vacate the judgment within 30 days of service of notice of entry of judgment. (CCP § 1710.40(b).) However, “[b]ecause a defendant may challenge lack of fundamental jurisdiction at any time [Citation], the 30–day limitations period applicable to other types of challenges to sister-state judgments under section 1710.40, including actions in excess of jurisdiction, does not apply to challenges based on lack of personal jurisdiction.” (Airlines Reporting Corp. v. Renda (2009) 177 Cal.App.4th 14.)

Movant attests to having received the summons in this action on April 17, 2020. (Singer Decl. ¶ 2.) The Judgment Creditor’s proof of service of the summons in this action reflects personal service on the same date. Movant filed the instant motion to set vacate the judgment on April 29, 2020. The motion is thus timely.

Applicable Law

California courts have authority to vacate a sister state money judgment on the ground the judgment exceeds the jurisdiction of the sister state court under California’s Sister State Money Judgments Act. (Comment to Code Civ. Proc. Section 1710.40(a).) “Common defenses to enforcement of a sister state judgment include . . . the judgment was rendered in excess of jurisdiction . . . .” (Id., Law Rev. Comm’n Comment.)

The Judgment Creditor 2 Cooper Square, LLC obtained entry of judgment in this court on a sister-state judgment on January 8, 2020, for judgment against Movant in the action 2 Cooper Square LLC v. Joshua Singer (2016) Index No. 67146/2016, New York Supreme Court, County of Westchester (the “New York Action”).

“[W]hile the courts generally enforce the substantive rights created by the laws of other jurisdictions, the procedural matters are governed by the law of the forum [Citations].” (World Wide Imports, Inc. v. Bartel 6.) Defenses to the judgment must be established under the law of the original judgment’s entry. (See, e.g.,Traci & Marx Co. v. Legal Options, Inc. .)

Vacation of Judgment – Lack of Jurisdiction

1. California Law

A movant who “proves service of process in the sister state action was not made or was defective” meets the burden to show by a preponderance of the evidence why the movant is entitled to relief. (Conseco Marketing, LLC v. IFA & Ins. Services, Inc. (2013) 221 Cal.App.4th 831, 841 (Conseco Marketing); see also Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195, 201-02.) “Under these circumstances, the sister state judgment is void for lack of fundamental jurisdiction and therefore unenforceable in California.” (Conseco Marketing, at 841.)

Movant asserts improper service of process in the New York Action and first having notice of the judgment against him on service of the papers from this court on April 17, 2020. (Singer Decl. ¶¶ 2-3.) Movant attests the docket of the New York Action lists his address of service as 839 9th Street, Apt. 102, Santa Monica, CA 90403 on February 12, 2017. (Singer Decl. ¶ 4.) The address is the same as in the Judgment in the New York Action. Movant attests having lived at that apartment in 2014 and 2015, but having moved to New York since at least September 2015 (Singer Decl. ¶ 11) and living at the address 32 N. Moore St., New York, NY 10013 in February 2017. (Singer Decl. ¶ 6.)

Judgment Debtor has provided the original New York Summons showing that his address was listed as 83 Spider Road, Scarsdale, New York 10583. (Eskovitz Decl., Exh. A.) Plaintiff attests that he has never owned, rented, or resided at that address, and that at that time he was living at 32 Moore St., New York, NY 10013. (Singer Decl. ¶¶ 7-8.) Judgment Debtor has brought sufficient evidence in support of his residence at 32 Moore St. at that time. (See id. Exh. A (lease agreement at 32 Moore St., New York, NY 10013 beginning November 10, 2016); id. Exhs. B, C (bills dated February 4, 2017 sent to 32 Moore St.).)

Based on the foregoing, Judgment Debtor has met the burden to show by a preponderance of the evidence an entitlement to relief on grounds that the service of process in the sister state action was defective. (Conseco Marketing, supra, at 841.) The sister state judgment is thus void for lack of fundamental jurisdiction and unenforceable in California. (Id.)

2. New York Law

Judgment Debtor has also brought authority that the result would be the same under New York law. Under New York law, upon a motion, a “court which rendered a judgment or order may relieve a party from it upon such terms as may be just, on motion of any interested person with such notice as the court may direct, upon the ground of: . . . lack of jurisdiction to render the judgment or order . . . .” (N.Y. C.P.L.R. 5015(a).)

“[A] court which is asked to honor a judgment of a sister State may inquire as to the latter's jurisdiction to enter judgment and, even where the defendant has appeared in proceedings conducted in the sister State, the forum State may nevertheless make an independent assessment of the jurisdictional issue [Citation.].” (Boorman v. Deutsch Id. Id.)

The attempt of effecting service at an incorrect address causes a lack of jurisdiction over the defendant. (MRC Receivables Corp. v. Taylor Citibank, N.A. v. Keller

On the same grounds as above, the court finds support of the lack of jurisdiction under New York law requiring a vacation of the default judgment for service not having been duly effected upon the Judgment Debtor by using incorrect addresses. The Judgment Debtor has offered sufficient evidence in support of not living at either the Santa Monica Address listed as the address of the Affidavit of Service, nor at the address listed as the address on the Summons dated November 11, 2016.

3. Conclusion

Accordingly, default judgment entered against Judgment Debtor Joshua Singer is vacated on grounds of lack of personal jurisdiction.

Vacation of Judgment - Attorney’s Fees

Judgment Debtor also requests the court to vacate default judgment and award attorney’s fees on grounds that the Judgment Creditor brought a frivolous suit in the New York Action which made intentional misrepresentations and material omissions.

Judgment Debtor has not provided this court’s jurisdictional grounds to find the lawsuit in the New York Action frivolous, or to exercise its inherent discretionary power to vacate the judgment for filing a frivolous suit.

Next, the cases offered for this court to vacate the judgment based on a frivolous motion and award attorney’s fees are inapposite to the circumstances in the New York proceedings, in which Judgment Debtor was a defaulting defendant. In Curet v. DeKalb Realty, LLC, the court found frivolous conduct in opposing a motion to vacate judgment with meritless arguments and awarded fees for that conduct. (See (N.Y. App. Div. 2015) 127 A.D.3d 914, 916.) In Oppenheimer v. Westcott, et al., the court vacated default judgment for misconduct or fraud, when the prevailing party misrepresented that the party had been required to forfeit 70,000 shares of stock, instead of the actually-owned 11,334 shares and furthermore failed to inform the court that two severed causes of action were successfully defended against by other defendants, when liability was joint, such that the defense would inure to the counterpart’s benefit. (See (1979) 47 N.Y.2d 595, 604.) Neither case contemplated frivolous conduct for bringing causes of action against a defendant who would oppose those claims on grounds of a preexisting settlement between the parties and a defense of the warranty of habitability.

The court thus does not vacate the judgment on these ground.

Dated: ____________________________

Gregory Alarcon

Superior Court Judge

Case Number: 20STCP00121    Hearing Date: July 29, 2020    Dept: 36

 

 

 

 

 

 

 

Superior Court of California

County of Los Angeles

Department 36

2 COOPER SQUARE LLC,

Plaintiff,

v.

JOSHUA SINGER,

Defendant.

Case No.: 20STCP00121

Hearing Date: 7/28/2020

[TENTATIVE] RULING RE: Defendant’s Motion to Vacate Default Judgment

The motion is continued to 08/26/20.

Movant to file proof of service of the New York Action by 08/12/20.

Legal Standard

The entry of a sister state judgment may only be vacated by establishing a defense under Code of Civil Procedure, section 1710.40. (CCP § 1710.40; see Liquidator of Integrity Ins. Co. v. Hendrix , 973.) California courts have authority to vacate a sister state money judgment on the ground the judgment exceeds the jurisdiction of the sister state court under California’s Sister State Money Judgments Act. (Comment to Code Civ. Proc. Section 1710.40(a).)

Discussion

Movant Joshua Singer moves to vacate default judgment on grounds that the New York Supreme Court, County of Westchester, which granted default judgment against him on August 16, 2017 in the action 2 Cooper Square LLC v. Joshua Singer (Index No. 67146/2016), had no jurisdiction over him, as he had not been served with summons in that action; and alternatively on grounds of excusable default. An opposition has not been filed.

Electronic Service

For cases filed after January 1, 2019, a document may be served electronically, if that party has either expressly consented to accept electronic service in the action, or if the court has ordered electronic service. (CCP § 1010.6(a)(2)(A)(ii).) Express consent may be manifested by serving a notice on all parties and filing the notice with the court, or manifesting affirmative consent through electronic means with the court or the court’s electronic filing service provider and concurrently providing the party’s electronic address with that consent for the purpose of receiving electronic service. (Id.)

California Rules of Court rule 2.251(c)(3) provides:

Except when personal service is otherwise required by statute or rule, a party or other person that is required to file documents electronically in an action must also serve documents and accept service of documents electronically from all other parties or persons, unless:

(A) The court orders otherwise, or

(B) The action includes parties or persons that are not required to file or serve documents electronically, including self-represented parties or other self-represented persons; those parties or other persons are to be served by non-electronic methods unless they affirmatively consent to electronic service.

(Cal. Rules of Court, rule 2.251(c)(3).)

Under Emergency Rule 12 affecting electronic service:

A party represented by counsel, who has appeared in an action or proceeding, must accept electronic service of a notice or document that may be served by mail, express mail, overnight delivery, or facsimile transmission. Before first serving a represented party electronically, the serving party must confirm by telephone or email the appropriate electronic service address for counsel being served.

(Cal. Rules of Court, emer. Rule 12(b), appen. I.)

Movant has filed a proof of service by electronic service. Movant will thus be requested at the hearing to address how counsel has confirmed the appropriate electronic service address for Counsel for 2 Cooper Square, LLC.

Timeliness

A movant to vacate a sister state judgment must move to vacate the judgment within 30 days of service of notice of entry of judgment. (CCP § 1710.40(b).) However, “[b]ecause a defendant may challenge lack of fundamental jurisdiction at any time [Citation], the 30–day limitations period applicable to other types of challenges to sister-state judgments under section 1710.40, including actions in excess of jurisdiction, does not apply to challenges based on lack of personal jurisdiction.” (Airlines Reporting Corp. v. Renda (2009) 177 Cal.App.4th 14.)

Movant attests to having received the summons in this action on April 17, 2020. (Singer Decl. ¶ 2.) The Judgment Creditor’s proof of service of the summons in this action reflects personal service on the same date. Movant filed the instant motion to set vacate the judgment on April 29, 2020. The motion is thus timely.

Applicable Law

California courts have authority to vacate a sister state money judgment on the ground the judgment exceeds the jurisdiction of the sister state court under California’s Sister State Money Judgments Act. (Comment to Code Civ. Proc. Section 1710.40(a).) “Common defenses to enforcement of a sister state judgment include . . . the judgment was rendered in excess of jurisdiction . . . .” (Id., Law Rev. Comm’n Comment.)

The Judgment Creditor 2 Cooper Square, LLC obtained entry of judgment in this court on a sister-state judgment on January 8, 2020, for judgment against Movant in the action 2 Cooper Square LLC v. Joshua Singer (2016) Index No. 67146/2016, New York Supreme Court, County of Westchester (the “New York Action”).

“[W]hile the courts generally enforce the substantive rights created by the laws of other jurisdictions, the procedural matters are governed by the law of the forum [Citations].” (World Wide Imports, Inc. v. Bartel 6.) Defenses to the judgment must be established under the law of the original judgment’s entry. (See, e.g.,Traci & Marx Co. v. Legal Options, Inc. .)

Jurisdiction

A movant who “proves service of process in the sister state action was not made or was defective” meets the burden to show by a preponderance of the evidence why the movant is entitled to relief. (Conseco Marketing, LLC v. IFA & Ins. Services, Inc. (2013) 221 Cal.App.4th 831, 841 (Conseco Marketing); see also Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195, 201-02.) “Under these circumstances, the sister state judgment is void for lack of fundamental jurisdiction and therefore unenforceable in California.” (Conseco Marketing, at 841.)

Movant asserts improper service of process in the New York Action and first having notice of the judgment against him on service of the papers from this court on April 17, 2020. (Singer Decl. ¶¶ 2-3.) Movant attests the docket of the New York Action lists his address as 839 9th Street, Apt. 102, Santa Monica, CA 90403 on February 12, 2017. (Singer Decl. ¶ 4.) The address is the same as in the Judgment in the New York Action. Movant attests having lived at that apartment in 2014 and 2015, but having moved to New York since at least September 2015 (Singer Decl. ¶ 11) and living at the address 32 N. Moore St., New York, NY 10013 in February 2017. (Singer Decl. ¶ 6; see Exh. A (lease agreement at 32 Moore St., New York, NY 10013.) Plaintiff also attests that the summons in the New York Action listed his address in November 11, 2016 as 83 Spider Road, Scarsdale, New York 10583, but that he has never owned, rented, or resided at that address, and that at that time he was living at 32 Moore St., New York, NY 10013. (Singer Decl. ¶¶ 7-8.)

Though relying on the Summons in the New York Action, Movant has not provided the same to the court. The motion is continued for Movant to provide documentation of the summons in the New York Action.

Dated: ____________________________

Gregory Alarcon

Superior Court Judge

Case Number: 20STCP00121    Hearing Date: July 14, 2020    Dept: 36

 

Superior Court of California

County of Los Angeles

Department 36

2 COOPER SQUARE LLC,

Plaintiff,

v.

JOSHUA SINGER,

Defendant.

Case No.: 20STCP00121

Hearing Date: 7/14/2020

[TENTATIVE] RULING RE: Defendant’s Motion to Vacate Default Judgment

Judgment Debtor’s motion is continued to July 28, 2020.

Judgment Debtor to file a supplemental brief or amended motion by July 21, 2020.

Background

Judgment Debtor Joshua Singer moves to vacate default judgment on grounds that the New York Supreme Court, County of Westchester, which granted default judgment against him on August 16, 2017 in the action 2 Cooper Square LLC v. Joshua Singer (Index No. 67146/2016), had no jurisdiction over him, as he had not been served with summons in that action; and alternatively on grounds of excusable default.

Applicable Law

Judgment Debtor moves pursuant to New York Civil Practice Law and Rules section 5015(a). Judgment Debtor has not shown, however, authority that New York State law applies to the instant action in Los Angeles Superior Court, filed to enforce the sister state judgment obtained in New York State.

California courts have authority to vacate a sister state money judgment on the ground the judgment exceeds the jurisdiction of the sister state court under California’s Sister State Money Judgments Act. (Comment to Code Civ. Proc. Section 1710.40(a).)

The instant action was commenced on January 8, 2020 by Judgment Creditor 2 Cooper Square LLC for enforcement of the sister state money judgment, by filing an application for entry of a sister state money judgment under California’s Sister State Money Judgments Act.

The instant motion is thus continued for Judgment Debtor to file an amended motion to vacate default judgment under California law, or to file a supplemental brief showing that New York law applies in these circumstances.

Dated: ____________________________

Gregory Alarcon

Superior Court Judge