This case was last updated from Los Angeles County Superior Courts on 02/26/2016 at 16:02:15 (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 ADR NEUTRAL, FALCONE, DEWEY L., MASTER CALENDAR and BRIAN F. GASDIA. The case status is Disposed - Judgment Entered.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    ****3761

  • Filing Date:

    06/11/2009

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

ADR NEUTRAL

FALCONE, DEWEY L.

MASTER CALENDAR

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

Other

CHARLES GAIL ESQ.

Attorney/Law Firm Details

Plaintiff Attorney

BESNYL GLENN A. ATTORNEY AT LAW

Defendant Attorney

LARA & IBARRA LLP

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 06/15/2015
  • Miscellaneous-Other (RETURN ON ATTACHMENT/EXECUTION LOS ANGELES COUNTY ) Filed by Attorney for Plaintiff

    Read MoreRead Less
  • 06/03/2013
  • Writ-Other (RETURN ON ATTACHMENT/EXECUTION ISSUED 5/12/11 ) Filed by Clerk

    Read MoreRead Less
  • 05/12/2011
  • Appl for Writ of Execution & Ord ($56,225.00 (Los Angeles Co.) ) Filed by Attorney for Plaintiff

    Read MoreRead Less
  • 07/13/2010
  • Appl for Writ of Execution & Ord ($56,225.00 (Los Angeles Co.) ) Filed by Attorney for Plaintiff

    Read MoreRead Less
  • 06/10/2010
  • Abstract of Judgment ($56,200.00 (2 Issued) ) Filed by Attorney for Plaintiff

    Read MoreRead Less
  • 05/27/2010
  • Judgment (pursuant to stipulation; ) Filed by Attorney for Plaintiff

    Read MoreRead Less
  • 05/27/2010
  • Stipulation (for judgment agains defendant; ) Filed by Attorney for Plaintiff

    Read MoreRead Less
  • 05/25/2010
  • Request for Dismissal (dismissing without prejudice; does 1-10 from complaint; ) Filed by Attorney for Plaintiff

    Read MoreRead Less
  • 01/26/2010
  • Statement-Non-Agreement Filed by Mediator

    Read MoreRead Less
  • 01/22/2010
  • Ntc of Change of Firm Name & Addr Filed by Attorney for Defendant

    Read MoreRead Less
  • 11/24/2009
  • Notice-Assignment-Mediator Filed by ADR Clerk

    Read MoreRead Less
  • 10/01/2009
  • Statement-Case Management Filed by Attorney for Defendant

    Read MoreRead Less
  • 09/30/2009
  • Statement-Case Management Filed by Attorney for Plaintiff

    Read MoreRead Less
  • 08/19/2009
  • Proof of Service (SUMMONS & COMPLAINT, ETC. (SERVED 06/19/09) ) Filed by Attorney for Plaintiff

    Read MoreRead Less
  • 07/10/2009
  • Answer to Complaint Filed Filed by Attorney for Defendant

    Read MoreRead Less
  • 06/11/2009
  • Complaint Filed

    Read MoreRead Less
  • 06/11/2009
  • Notice-Case Management Conference Filed by Clerk

    Read MoreRead Less
  • 06/11/2009
  • Summons Filed

    Read MoreRead Less

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.