JORDAN RANDALL VS SEANN DUFF

Tentative Rulings

Case Number: 18STLC13884    Hearing Date: August 18, 2020    Dept: 25

HEARING DATE: Tue., August 18, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Randall v. Duff COMPL. FILED: 11-08-18

CASE NUMBER: 18STLC13884 DEFAULT: 04-22-19

PROCEEDINGS: MOTION FOR (1) ORDER CHARGING THE INTEREST OF JUDGMENT DEBTOR SEAN DUFF; AND (2) ADDING NIGHT MOVES, LLC AS A JUDGMENT DEBTOR

MOVING PARTY: Judgment Creditor Jordan Randall

RESP. PARTY: None

MOTION FOR CHARGING ORDER

(CCP § 708.310)

MOTION TO AMEND JUDGMENT

(CCP § 187)

TENTATIVE RULING:

Judgment Creditor Jordan Randall’s Motion for (1) Order Charging the Interest of Judgment Debtor Sean Duff and (2) Adding Night Moves, LLC as a Judgment Debtor is CONTINUED TO OCTOBER 26, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Judgment Creditor must file and serve supplemental papers addressing the deficiencies noted herein. Judgment Debtor must also pay one additional filing fee. Failure to do so may result in the Motion being placed off calendar.

SERVICE:

[ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: None filed as of August 14, 2020 [ ] Late [X] None

REPLY: None filed as of August 14, 2020 [ ] Late [X] None

ANALYSIS:

1. Background & Discussion

On November 8, 2018, Judgment Creditor Jordan Randall (“Judgment Creditor”) filed an action for breach of contract, common counts, fraud, and negligent misrepresentation against Judgment Debtor Sean Duff (“Judgment Debtor”). On April 22, 2019, default was entered against Defendant, and on June 6, 2019, the Court entered a default judgment in the amount of $21,450.00. (6/6/19 Judgment.)

On November 22, 2019, Plaintiff filed the instant Motion for (1) Order Charging the Interest of Judgment Debtor Sean Duff and (2) Adding Night Loves, LLC as a Judgment Debtor (the “Motion”). To date, no opposition has been filed.

A. Service of the Moving Papers

As an initial matter, the Court notes that Judgment Creditor has not demonstrated Judgment Debtor was properly served with this Motion. Specifically, the Proof of Service states that only the “Notice of Motion” was served. (Mot., Proof of Service.) Code of Civil Procedure section 1013a requires that the proof of service “set forth the exact title of the document served and filed in the cause.” (Code Civ. Proc., § 1013a, subds. (1)-(3).) Thus, the Court cannot find Judgment Debtor was properly served with all moving and supporting papers.

B. Filing Fees

Judgment Creditor also seeks two different court orders, but has only paid one filing fee. Judgment Creditor’s request for relief filed as one motion negatively impacts the Court’s calendar by placing more motions on calendar than slots have been provided by the online reservation system. In addition, combining motions allows the moving party to avoid paying the requisite filing fees. Statutorily required filing fees are jurisdictional and “it is mandatory for the court clerks to demand and receive statutorily required filing fees.” (See Duran v. St. Luke’s Hospital (2003) 114 Cal.App.4th 457, 460.)

Accordingly, Judgment Creditor is ordered to pay one additional filing fee.

1. Conclusion & Order

For the foregoing reasons, Judgment Creditor Jordan Randall’s Motion for (1) Order Charging the Interest of Judgment Debtor Sean Duff and (2) Adding Night Moves, LLC as a Judgment Debtor is CONTINUED TO OCTOBER 26, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Judgment Creditor must file and serve supplemental papers addressing the deficiencies noted herein. Judgment Debtor must also pay one additional filing fee. Failure to do so may result in the Motion being placed off calendar.

Moving party is ordered to give notice.