This case was last updated from Los Angeles County Superior Courts on 10/02/2020 at 07:50:50 (UTC).

REED ELSEVIER INC. VS RONDA DIXON

Case Summary

On 01/15/2020 REED ELSEVIER INC filed an Other - Sister State Judgment lawsuit against RONDA DIXON. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0197

  • Filing Date:

    01/15/2020

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Sister State Judgment

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

REED ELSEVIER INC.

Defendant

DIXON RONDA

Attorney/Law Firm Details

Plaintiff Attorney

BOOSKA STEVEN A.

Defendant Attorney

DIXON RONDA RENEE

 

Court Documents

Notice (name extension) - Notice Notice of hearing

9/9/2020: Notice (name extension) - Notice Notice of hearing

Notice of Ruling - Notice of Ruling

9/9/2020: Notice of Ruling - Notice of Ruling

Order (name extension) - Order Proposed order

9/9/2020: Order (name extension) - Order Proposed order

Proof of Service by Mail - Proof of Service by Mail

9/11/2020: Proof of Service by Mail - Proof of Service by Mail

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

9/11/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

8/31/2020: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

Certificate of Mailing for - Certificate of Mailing for [Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 06/30/2020, Minute Order (Hearing on Motion t

6/30/2020: Certificate of Mailing for - Certificate of Mailing for [Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 06/30/2020, Minute Order (Hearing on Motion t

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

6/30/2020: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/15/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Service (Sister State Judgment) - Proof of Service (Sister State Judgment)

2/13/2020: Proof of Service (Sister State Judgment) - Proof of Service (Sister State Judgment)

Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

3/10/2020: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

Notice of Motion - Notice of Motion

3/10/2020: Notice of Motion - Notice of Motion

Declaration (name extension) - Declaration re Accruing Interest and Recoverable Costs

1/15/2020: Declaration (name extension) - Declaration re Accruing Interest and Recoverable Costs

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

1/15/2020: Application for Entry of Judgment on Sister-State Judgment - Application for Entry of Judgment on Sister-State Judgment

First Amended Standing Order - First Amended Standing Order

1/15/2020: First Amended Standing Order - First Amended Standing Order

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

1/15/2020: Notice (name extension) - Notice of Entry of Judgment on Sister-State Judgment

Judgment - Judgment Pursuant to CCP 1710

1/15/2020: Judgment - Judgment Pursuant to CCP 1710

Civil Case Cover Sheet - Civil Case Cover Sheet

1/15/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

7 More Documents Available

 

Docket Entries

  • 09/11/2020
  • DocketUpdated -- Order Proposed order: Filed By: RONDA DIXON (Defendant); Result: Granted; Result Date: 09/11/2020

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  • 09/11/2020
  • DocketProof of Service by Mail; Filed by: RONDA DIXON (Defendant); As to: REED ELSEVIER INC. (Plaintiff)

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  • 09/11/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: RONDA DIXON (Defendant); As to: REED ELSEVIER INC. (Plaintiff)

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  • 09/11/2020
  • DocketOrder to Show Cause Re: Why the Proposed Order has Not Been Submitted scheduled for 10/02/2020 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 09/11/2020

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  • 09/09/2020
  • DocketNotice of Ruling; Filed by: RONDA DIXON (Defendant)

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  • 09/09/2020
  • DocketNotice Notice of hearing; Filed by: RONDA DIXON (Defendant); As to: REED ELSEVIER INC. (Plaintiff)

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  • 09/09/2020
  • DocketOrder Proposed order; Signed and Filed by: RONDA DIXON (Defendant); As to: REED ELSEVIER INC. (Plaintiff)

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  • 08/31/2020
  • DocketUpdated -- On the Petition filed by REED ELSEVIER INC. on 01/15/2020, judgment entered on 01/15/2020 is vacated

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  • 08/31/2020
  • DocketOn the Petition filed by REED ELSEVIER INC. on 01/15/2020, judgment entered on 01/15/2020 as to RONDA DIXON is

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  • 08/31/2020
  • DocketOrder to Show Cause Re: Why the Proposed Order has Not Been Submitted scheduled for 10/02/2020 at 09:30 AM in Spring Street Courthouse at Department 26

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12 More Docket Entries
  • 02/13/2020
  • DocketProof of Service (Sister State Judgment); Filed by: REED ELSEVIER INC. (Plaintiff); As to: RONDA DIXON (Defendant); Service Date: 02/09/2020

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  • 02/09/2020
  • DocketThe case is placed in special status of: Stay - Other

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  • 01/15/2020
  • DocketApplication for Entry of Judgment on Sister-State Judgment; Filed by: REED ELSEVIER INC. (Plaintiff); As to: RONDA DIXON (Defendant)

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  • 01/15/2020
  • DocketNotice of Entry of Judgment on Sister-State Judgment; Issued and Filed by: REED ELSEVIER INC. (Plaintiff); As to: RONDA DIXON (Defendant)

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  • 01/15/2020
  • DocketCivil Case Cover Sheet; Filed by: REED ELSEVIER INC. (Plaintiff); As to: RONDA DIXON (Defendant)

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  • 01/15/2020
  • DocketJudgment Pursuant to CCP 1710; Filed by: REED ELSEVIER INC. (Plaintiff); As to: RONDA DIXON (Defendant)

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  • 01/15/2020
  • DocketDeclaration re Accruing Interest and Recoverable Costs; Filed by: REED ELSEVIER INC. (Plaintiff); As to: RONDA DIXON (Defendant)

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  • 01/15/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 01/15/2020
  • DocketCourt orders judgment entered for Plaintiff REED ELSEVIER INC. against Defendant RONDA DIXON on the Petition filed by REED ELSEVIER INC. on 01/15/2020 for the principal amount of $10,707.88, interest of $6,952.00, and costs of $370.00 for a total of $18,029.88.

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  • 01/15/2020
  • DocketCase assigned in ROOM 118 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 20STCP00197    Hearing Date: August 31, 2020    Dept: 26

VACATE SISTER STATE JUDGMENT

(CCP §§ 1710.30, et seq.)

TENTATIVE RULING:

Judgment Debtor Rhonda Dixon’s Motion to Vacate Sister State Judgment is DENIED.

ANALYSIS:

On January 15, 2020, Judgment Creditor Reed Elsevier, Inc. (“Judgment Creditor”) filed an Application for Entry of Judgment on Sister State Judgment based on a judgment from Ohio. The Court entered judgment the same day against Judgment Debtor Ronda Dixon (“Judgment Debtor”). The Notice of Entry of Judgment was personally served on Judgment Debtor on February 9, 2020. (Proof of Service, filed 2/13/20.) On March 10, 2020, Judgment Debtor filed the instant Motion to Vacate Sister State Judgment.

The Motion initially came for hearing on June 30, 2020, at which time the Court continued the matter to allow Defendant to perfect service of the papers and submit supplemental papers. To date, no additional proofs of service or papers have been filed. Also, to date, no opposition has been filed.

Legal Standard

Code of Civil Procedure section 1710.40, subdivision (a) provides that a judgment entered based on a sister state judgment “may be vacated on any ground which would be a defense to an action in this state on the sister state judgment.” (Code Civ. Proc., § 1710.40, subd. (a).) Code of Civil Procedure section 1710.40, subdivision (b) provides that “[n]ot later than 30 days after service of notice of entry of judgment . . . the judgment debtor, on written notice to the judgment creditor, may make a motion to vacate the judgment under this section.” “The party moving under section 1710.40 to set aside the sister state judgment has ‘the burden to show by a preponderance of the evidence why it was entitled to relief. [Citation.]’” (Conseco Marketing, LLC v. IFA & Ins. Services, Inc. (2013) 221 Cal. App. 4th 831, 841.) “As long as the sister state court had jurisdiction over the subject matter and the parties, a sister state judgment is entitled to full faith and credit ‘even as to matters of law or fact erroneously decided.’” (Bank of America v. Jennett (1999) 77 Cal.App.4th 104, 118.)

Discussion

Service of the Motion

Judgment Debtor still has not demonstrated that she served the instant Motion on Judgment Creditor. No proof of service of the Motion is attached to the moving papers or otherwise filed with the Court. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) Failure to demonstrate service of the notice of motion and moving papers is grounds to deny the Motion.

Timeliness

A party moving to vacate a sister-state judgment must file a motion “[n]ot later than 30 days after service of notice of entry of judgment pursuant to Section 1710.30.” (Code Civ. Proc., § 1710.40, subd. (b).) Here, Judgment Creditor served the Notice of Entry of Sister-State Judgment by personal service on February 9, 2020. The instant Motion was timely filed and served 30 days later on March 10, 2020.

Merits

“Section 1710.40 provides in relevant part that ‘A judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state on a sister state judgment.’” (Traci & Marx Co. v. Legal Options, Inc. (2005) 126 Cal.App.4th 155, 158–159, italics added.)

In elaborating on the defense available Code Civ. Proc. under section 1710.40, the Law Revision Commission makes the following comment: ‘Common defenses to enforcement of the sister state judgment include the following: the judgment is not final and unconditional (where finality means that no further action by the court rendering the judgment is necessary to resolve the matter litigated); the judgment was obtained by extrinsic fraud; the judgment was rendered in excess of jurisdiction; the judgment is not enforceable in the state of rendition; the plaintiff is guilty of misconduct; the judgment has already been paid; suit on the judgment is barred by the statute of limitations in the state where enforcement is sought.’ (19A West's Ann.Codes (1982) p. 694; accord: 5 Witkin, Cal. Procedure (2d ed.1971) Enforcement of Judgment, 194–195, pp. 3549–3550; Rest.2d Conf. of Laws, 103–121.) (World Wide Imports, Inc. v. Bartel, supra, 145 Cal.App.3d at pp. 1009–1010, 193 Cal.Rptr. 830.)

(Ibid.)

Judgment Debtor argues that she never received notice of the Ohio action or judgment, nor was she served with the Ohio state action or aware of its existence until service of the Application for Entry of Sister State Judgment on February 9, 2020. While lack of actual notice of the Ohio action is not grounds to vacate the sister state judgment, lack of proper service arguably deprives the Ohio court of jurisdiction over Judgment Debtor and would be grounds to vacate the Entry of Sister State Judgment. However, Judgment Debtor’s evidence still consists solely of her own declaration and fails to carry her burden of proof. Judgment Debtor must demonstrate by a preponderance of the evidence that she was not served with the necessary papers in the Ohio action. Judgment Debtor’s self-serving declaration of non-service remains insufficient. Judgment Debtor offers no information or evidence regarding service of the Ohio court action or how said service failed to meet the test for jurisdiction in that state. (Motion, Dixon Decl., ¶¶6-7.)

Conclusion

Based on the foregoing, Judgment Debtor Ronda Dixon’s Motion to Vacate Sister State Judgment is DENIED.

Court clerk to give notice.

Case Number: 20STCP00197    Hearing Date: June 30, 2020    Dept: 26

Reed Elsevier, Inc. v. Dixon, et al.

VACATE SISTER STATE JUDGMENT

(CCP §§ 1710.30, et seq.)

TENTATIVE RULING:

Judgment Debtor Rhonda Dixon’s Motion to Vacate Sister State Judgment is DENIED.

ANALYSIS:

On January 15, 2020, Judgment Creditor Reed Elsevier, Inc. (“Judgment Creditor”) filed an Application for Entry of Judgment on Sister State Judgment based on a judgment from Ohio. The Court entered judgment the same day against Judgment Debtor Ronda Dixon (“Judgment Debtor”). The Notice of Entry of Judgment was personally served on Judgment Debtor on February 9, 2020. (Proof of Service, filed 2/13/20.) On March 10, Judgment Debtor filed the instant Motion to Vacate Sister State Judgment. To date, no opposition has been filed.

Legal Standard

Code of Civil Procedure section 1710.40, subdivision (a) provides that a judgment entered based on a sister state judgment “may be vacated on any ground which would be a defense to an action in this state on the sister state judgment.” (Code Civ. Proc., § 1710.40, subd. (a).) Code of Civil Procedure section 1710.40, subdivision (b) provides that “[n]ot later than 30 days after service of notice of entry of judgment . . . the judgment debtor, on written notice to the judgment creditor, may make a motion to vacate the judgment under this section.” “The party moving under section 1710.40 to set aside the sister state judgment has ‘the burden to show by a preponderance of the evidence why it was entitled to relief. [Citation.]’” (Conseco Marketing, LLC v. IFA & Ins. Services, Inc. (2013) 221 Cal. App. 4th 831, 841.) “As long as the sister state court had jurisdiction over the subject matter and the parties, a sister state judgment is entitled to full faith and credit ‘even as to matters of law or fact erroneously decided.’” (Bank of America v. Jennett (1999) 77 Cal.App.4th 104, 118.)

Discussion

Service of the Motion

As an initial matter, Judgment Debtor has not demonstrated that she served the instant Motion on Judgment Creditor. No proof of service of the Motion is attached to the moving papers or otherwise filed with the Court. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) Failure to demonstrate service of the notice of motion and moving papers is grounds to deny the Motion.

Timeliness

A party moving to vacate a sister-state judgment must file a motion “[n]ot later than 30 days after service of notice of entry of judgment pursuant to Section 1710.30.” (Code Civ. Proc., § 1710.40, subd. (b).) Here, Judgment Creditor served the Notice of Entry of Sister-State Judgment by personal service on February 9, 2020. The instant Motion was timely filed and served 30 days later on March 10, 2020.

Merits

“Section 1710.40 provides in relevant part that ‘A judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state on a sister state judgment.’” (Traci & Marx Co. v. Legal Options, Inc. (2005) 126 Cal.App.4th 155, 158–159, italics added.)

In elaborating on the defense available Code Civ. Proc. under section 1710.40, the Law Revision Commission makes the following comment: ‘Common defenses to enforcement of the sister state judgment include the following: the judgment is not final and unconditional (where finality means that no further action by the court rendering the judgment is necessary to resolve the matter litigated); the judgment was obtained by extrinsic fraud; the judgment was rendered in excess of jurisdiction; the judgment is not enforceable in the state of rendition; the plaintiff is guilty of misconduct; the judgment has already been paid; suit on the judgment is barred by the statute of limitations in the state where enforcement is sought.’ (19A West's Ann.Codes (1982) p. 694; accord: 5 Witkin, Cal. Procedure (2d ed.1971) Enforcement of Judgment, 194–195, pp. 3549–3550; Rest.2d Conf. of Laws, 103–121.) (World Wide Imports, Inc. v. Bartel, supra, 145 Cal.App.3d at pp. 1009–1010, 193 Cal.Rptr. 830.)

(Ibid.)

Judgment Debtor argues that she never received notice of the Ohio action or judgment, nor was she served with the Ohio state action or aware of its existence until service of the Application for Entry of Sister State Judgment on February 9, 2020. While lack of actual notice of the Ohio action is not grounds to vacate the sister state judgment, lack of proper service arguably deprives the Ohio court of jurisdiction over Judgment Debtor and would be grounds to vacate the Entry of Sister State Judgment. However, Judgment Debtor’s evidence, consisting solely of her own declaration, fails to carry her burden of proof. Judgment Debtor must demonstrate by a preponderance of the evidence that she was not served with the necessary papers in the Ohio action. A self-serving declaration of non-service is insufficient. Judgment Debtor offers no information or evidence regarding service of the Ohio court action or how said service failed to meet the test for jurisdiction in that state. (Motion, Dixon Decl., ¶¶6-7.)

Based on the foregoing, Judgment Debtor Ronda Dixon’s Motion to Vacate Sister State Judgment is DENIED.

Court clerk to give notice.