This case was last updated from Los Angeles County Superior Courts on 01/06/2021 at 18:09:46 (UTC).

NATIONAL COMMERCIAL RECOVERY, INC. VS JOSE REYES

Case Summary

On 06/11/2009 NATIONAL COMMERCIAL RECOVERY, INC filed a Contract - Debt Collection lawsuit against JOSE REYES. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are FALCONE, DEWEY L. and BRIAN F. GASDIA. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3761

  • Filing Date:

    06/11/2009

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Debt Collection

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

FALCONE, DEWEY L.

BRIAN F. GASDIA

 

Party Details

Plaintiffs

NATIONAL COMMERCIAL RECOVERY INC.

BLAIR SMITH AND ASSOCIATES

Defendants

REYES OCTAVIO

MEDINA JOSE REYES

REYES JOSE OCTAVIO

REYES JOSE

REYES JOSE AKA OCTAVIO REYES AKA JOSE OCTAVIO REYES AKA JOSE REYES MEDINA

Not Classified By Court

CHARLES GAIL ESQ.

Attorney/Law Firm Details

Plaintiff Attorney

BESNYL GLENN A. ATTORNEY AT LAW

Defendant Attorney

LARA & IBARRA LLP

 

Court Documents

Legacy Document - LEGACY DOCUMENT TYPE: MISCELLANEOUS-OTHER

6/15/2015: Legacy Document - LEGACY DOCUMENT TYPE: MISCELLANEOUS-OTHER

Ex Parte Application - EX PARTE APPLICATION EX PARTE MOTION TO AMEND JUDGMENT

8/29/2019: Ex Parte Application - EX PARTE APPLICATION EX PARTE MOTION TO AMEND JUDGMENT

Declaration in Support of Ex Parte Application

8/29/2019: Declaration in Support of Ex Parte Application

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO AMEND JUDGMENT)

9/3/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO AMEND JUDGMENT)

Proof of Personal Service

9/10/2019: Proof of Personal Service

Opposition - OPPOSITION DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO AMEND JUDGMENT DECLARATION OF ROSENDO GONZALEZ IN SUPPORT THEREOF

9/24/2019: Opposition - OPPOSITION DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO AMEND JUDGMENT DECLARATION OF ROSENDO GONZALEZ IN SUPPORT THEREOF

Minute Order - MINUTE ORDER (HEARING ON MOTION TO AMEND JUDGMENT)

9/25/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO AMEND JUDGMENT)

Reply - REPLY OF PLAINTIFF TO OPPOSITION TO MOTION TO AMEND JUDGMENT

10/17/2019: Reply - REPLY OF PLAINTIFF TO OPPOSITION TO MOTION TO AMEND JUDGMENT

Minute Order - MINUTE ORDER (HEARING ON MOTION TO AMEND JUDGMENT)

10/24/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO AMEND JUDGMENT)

Order - ORDER AMENDING JUDGMENT

10/24/2019: Order - ORDER AMENDING JUDGMENT

Stipulation and Order - STIPULATION AND ORDER STIPULATION FOR AMENDING JUDGMENT

10/24/2019: Stipulation and Order - STIPULATION AND ORDER STIPULATION FOR AMENDING JUDGMENT

Abstract of Judgment - Civil and Small Claims

11/4/2019: Abstract of Judgment - Civil and Small Claims

Abstract of Judgment - Civil and Small Claims

11/4/2019: Abstract of Judgment - Civil and Small Claims

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

5/4/2020: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

Application for and Renewal of Judgment

5/4/2020: Application for and Renewal of Judgment

Declaration of Interest, Costs and Attorney Fees

5/4/2020: Declaration of Interest, Costs and Attorney Fees

Notice - NOTICE OF RENEWAL OF JUDGMENT

5/5/2020: Notice - NOTICE OF RENEWAL OF JUDGMENT

Acknowledgment of Satisfaction of Judgment

12/9/2020: Acknowledgment of Satisfaction of Judgment

8 More Documents Available

 

Docket Entries

  • 12/09/2020
  • DocketAcknowledgment of Satisfaction of Judgment; Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)

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  • 05/05/2020
  • DocketNotice (of Renewal of Judgment); Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)

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  • 05/04/2020
  • DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)

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  • 05/04/2020
  • DocketApplication for and Renewal of Judgment; Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)

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  • 05/04/2020
  • DocketDeclaration of Interest, Costs and Attorney Fees; Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)

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  • 11/04/2019
  • DocketAbstract of Judgment - Civil and Small Claims; Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)

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  • 11/04/2019
  • DocketAbstract of Judgment - Civil and Small Claims; Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)

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  • 10/24/2019
  • Docketat 1:30 PM in Department C; Hearing on Motion to Amend Judgment - Not Held - Taken Off Calendar by Party

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  • 10/24/2019
  • DocketStipulation and Order (Stipulation For Amending Judgment); Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)

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  • 10/24/2019
  • DocketOrder (Amending Judgment); Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)

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56 More Docket Entries
  • 08/19/2009
  • DocketProof of Service (SUMMONS & COMPLAINT, ETC. (SERVED 06/19/09) ); Filed by Attorney for Plaintiff

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  • 08/19/2009
  • DocketProof of Service (not Summons and Complaint); Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)

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  • 07/10/2009
  • DocketAnswer to Complaint Filed; Filed by Attorney for Defendant

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  • 07/10/2009
  • DocketAnswer; Filed by JOSE REYES (Defendant); JOSE OCTAVIO REYES (Legacy Party)

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  • 06/11/2009
  • DocketComplaint Filed

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  • 06/11/2009
  • DocketNotice-Case Management Conference; Filed by Clerk

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  • 06/11/2009
  • DocketComplaint; Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)

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  • 06/11/2009
  • DocketSummons Filed

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  • 06/11/2009
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 06/11/2009
  • DocketSummons; Filed by null

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Tentative Rulings

Case Number: VC053761    Hearing Date: October 24, 2019    Dept: SEC

NATIONAL COMMERCIAL RECOVERY, INC. v. REYES

CASE NO.: VC053761

HEARING: 10/24/19

JUDGE: RAUL A. SAHAGUN

#8

TENTATIVE RULING

Plaintiff/Judgement Creditor NATIONAL COMMERCIAL RECOVERY, INC.’s motion to amend judgment is DENIED.

Moving Party to give Notice.

Judgment Creditor National Commercial Recovery moves to amend the judgment pursuant to CCP 187.

Trial courts are permitted to modify or amend judgments as prescribed by statute. (Worth v. Asiatic Transpacific, Inc. (1979) 93 Cal.App.3d 849, 856; McCellan v. Northridge Park Townhomes Owners Ass’n, Inc. (2001) 89 Cal.App.4th 746; Wolf Metals Inc. v. Rand Pacific Sales, Inc. (2016) 4 Cal.App.5th 698, 709.) CCP §187 confers such authority on the courts. The general rule is that a court may amend its judgment at any time so that the judgment will properly designate the real defendants. (Dow Jones Co., Inc. v. Avenal (1984) 151 Cal.App.3d 144, 148 – 149.)

Judgment in this matter was entered in favor of Plaintiff and against Defendant Jose Octavio Reyes. After Plaintiff recorded abstracts of judgment against Reyes’s properties, Defendant transferred the properties to trusts. Property of a judgment debtor held in a revocable inter vivos trust is subject to claims of his or her creditors during the debtor’s lifetime. (Prob. Code §18200; Keitel v. Heubel (2002) 103 Cal.App.4th 324, 337.)

The court is in receipt of Judgment Debtor’s late opposition, filed on 9/24/19. Judgment Debtor claims that the subject debt was discharged in bankruptcy, and that the parties entered into a settlement of claims on 3/22/17.

In Reply, Judgement Creditor argues that it’s Judgment Lien was secured against the Judgement Debtor’s real property prior to his Chapter 7 Bankruptcy, and was not avoided by the Bankruptcy Court.

“A discharge…(1) voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged under section 727, 944, 1141, 1228, or 1328 of this title, whether or not discharge of such debt is waived; (2) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived”.” (Bankruptcy Code §524(a)(1-2).) Here, the Judgment Debtor received a discharge of his debts on October 20, 2014. (Gonzalez Decl., ¶10, Ex. 4.) This Discharge includes the debt identified by Judgment Creditor. (Id. at ¶9, Ex. 3.)

The Motion is denied.

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