Meadows v. Dominican Republic
Meadows v. Dominican Republic
Trial Court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOHN F. MEADOWS, Special Case No. 80-cv-4626 Administrator for the Estate of Charles V. 8 Meadows, Deceased, and GEORGE ORDER DENYING WITHOUT HARRIS, PREJUDICE APPLICATION TO 9 RENEW JUDGMENT Plaintiffs,
10 v. 11 THE DOMINICAN REPUBLIC, et al, 12 Defendants. 13
14 Now before the Court is Plaintiffs’ Motion to Renew Judgment filed March 7, 2024. 15 As explained in Uriarte-Limon v. Elsayed, the filing of a motion is not required to renew a 16 judgment: 17
18 Money judgments entered in federal court are enforceable through “the procedure of the state where the court is located” unless there is 19 an applicable federal statute. See Fed. R. Civ. P. 69(a)(1). Under California law, a money judgment or a judgment for possession or 20 sale of property may be enforced for a period of ten years. Cal. Code Civ. Proc. § 683.020. Such a judgment can be renewed and 21 the period of enforceability extended for an additional ten years. Id. at §§ 683.110–683.120. In order to renew a judgment, the judgment 22 creditor must file an application for renewal. Id. at § 683.140. “Upon the filing of the application, the court clerk shall enter the 23 renewal of the judgment in the court records.” Id. at § 683.150. No. 15-CV-04652-BRO(RAOX),
2023 WL 9419146, at *1 (C.D. Cal. Nov. 29, 2023). 24 Although a noticed motion is not required, the Court will still deny Plaintiffs’ application 25 because it does not contain “the information necessary to compute the amount of the judgment as 26 renewed” as required by California Code of Civil Procedure § 683.140(d). 27 1 California Code of Civil Procedure. In preparing a renewed application, Plaintiffs may find it 2 || helpful to consult California Judicial Council Form EJ-190, which sets out the types of 3 information necessary to compute the amount of a renewed judgment. That form, however, 4 should not be filed in this federal court. 5 IT IS SO ORDERED. ® 6 Dated: March 11, 2024 7 JON S. TIGAR 8 ited States District Judge 9 10 11 12
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Reference
- Status
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