Animal Blood Bank, Inc. v. Hale
Animal Blood Bank, Inc. v. Hale
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Animal Blood Bank, Inc., et al., No. 2:10-cv-02080-KJM-KJN 12 Plaintiffs, ORDER 13 v. Anne S. Hale, 1S Defendant. 16 17 Plaintiff Animal Blood Bank, Inc. applies to renew the judgment in this action. ECF 18 | No. 85. This court entered judgment in August 2013 after granting plaintiff's motion for default 19 | judgment. See F&Rs, ECF No. 80, adopted in part, ECF No. 81; Judgment, ECF No. 82. 20 | According to plaintiffs counsel, the judgment has not been paid in full. See generally Turner 21 | Decl., ECF No. 85-7; see also Appl. Ex. 5, ECF No. 85-6 (recording payments, interest, and 22 | amounts due). 23 State law ordinarily governs “in proceedings supplementary to and in aid of judgment or 24 | execution” in federal courts. Fed. R. Civ. P. 69(a)(2). Under California law, the ten-year period 25 | “of enforceability of a money judgment... may be extended by renewal of the judgment.” Cal. 26 | Civ. Proc. Code § 683.110(a); see also id. § 683.020 (period of enforceability). “The judgment 27 | creditor may renew a judgment by filing an application for renewal of the judgment with the court 28 | in which the judgment was entered.” /d. § 683.120(a). In California courts, “[t]he statutory
1 renewal of judgment is an automatic, ministerial act.” Goldman v. Simpson,
160 Cal. App. 4th 2 255, 262(2008). Federal courts in California commonly grant judgment creditors’ requests to 3 renew the judgment, provided those requests satisfy the requirements of state law. Cf. Tolbert v. 4 Leighton, No. 77-0023,
1998 WL 646675(N.D. Cal. Feb. 25, 1998) (denying request to renew 5 judgment that did not comply with state law and denying relief under Federal Rule of Civil 6 Procedure 60(b)), aff’d,
156 F.3d 1239(9th Cir. 1998) (unpublished table decision). 7 The court has reviewed plaintiff’s application and finds it satisfies the requirements of 8 state law. See
Cal. Civ. P. Code §§ 683.130(time for filing),
id.§ 683.140 (contents of 9 application). The application to renew the judgment is granted. 10 This order resolves ECF No. 85. 11 IT IS SO ORDERED. 12 DATED: August 28, 2023.
Reference
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