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.
****3761
06/11/2009
Disposed - Judgment Entered
Los Angeles County Superior Courts
Norwalk Courthouse
Los Angeles, California
FALCONE, DEWEY L.
BRIAN F. GASDIA
NATIONAL COMMERCIAL RECOVERY INC.
BLAIR SMITH AND ASSOCIATES
REYES OCTAVIO
MEDINA JOSE REYES
REYES JOSE OCTAVIO
REYES JOSE
REYES JOSE AKA OCTAVIO REYES AKA JOSE OCTAVIO REYES AKA JOSE REYES MEDINA
CHARLES GAIL ESQ.
BESNYL GLENN A. ATTORNEY AT LAW
LARA & IBARRA LLP
6/15/2015: Legacy Document - LEGACY DOCUMENT TYPE: MISCELLANEOUS-OTHER
8/29/2019: Ex Parte Application - EX PARTE APPLICATION EX PARTE MOTION TO AMEND JUDGMENT
8/29/2019: Declaration in Support of Ex Parte Application
9/3/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO AMEND JUDGMENT)
9/10/2019: Proof of Personal Service
9/24/2019: Opposition - OPPOSITION DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO AMEND JUDGMENT DECLARATION OF ROSENDO GONZALEZ IN SUPPORT THEREOF
9/25/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO AMEND JUDGMENT)
10/17/2019: Reply - REPLY OF PLAINTIFF TO OPPOSITION TO MOTION TO AMEND JUDGMENT
10/24/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO AMEND JUDGMENT)
10/24/2019: Order - ORDER AMENDING JUDGMENT
10/24/2019: Stipulation and Order - STIPULATION AND ORDER STIPULATION FOR AMENDING JUDGMENT
11/4/2019: Abstract of Judgment - Civil and Small Claims
11/4/2019: Abstract of Judgment - Civil and Small Claims
5/4/2020: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest
5/4/2020: Application for and Renewal of Judgment
5/4/2020: Declaration of Interest, Costs and Attorney Fees
5/5/2020: Notice - NOTICE OF RENEWAL OF JUDGMENT
12/9/2020: Acknowledgment of Satisfaction of Judgment
DocketAcknowledgment of Satisfaction of Judgment; Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)
DocketNotice (of Renewal of Judgment); Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)
DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)
DocketApplication for and Renewal of Judgment; Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)
DocketDeclaration of Interest, Costs and Attorney Fees; Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)
DocketAbstract of Judgment - Civil and Small Claims; Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)
DocketAbstract of Judgment - Civil and Small Claims; Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)
Docketat 1:30 PM in Department C; Hearing on Motion to Amend Judgment - Not Held - Taken Off Calendar by Party
DocketStipulation and Order (Stipulation For Amending Judgment); Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)
DocketOrder (Amending Judgment); Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)
DocketProof of Service (SUMMONS & COMPLAINT, ETC. (SERVED 06/19/09) ); Filed by Attorney for Plaintiff
DocketProof of Service (not Summons and Complaint); Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)
DocketAnswer to Complaint Filed; Filed by Attorney for Defendant
DocketAnswer; Filed by JOSE REYES (Defendant); JOSE OCTAVIO REYES (Legacy Party)
DocketComplaint Filed
DocketNotice-Case Management Conference; Filed by Clerk
DocketComplaint; Filed by NATIONAL COMMERCIAL RECOVERY, INC. (Plaintiff)
DocketSummons Filed
DocketNotice of Case Management Conference; Filed by Clerk
DocketSummons; Filed by null
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.