Legal Question in Civil Litigation in California

In 1993, a judgment was entered against me in CA. When the creditor tried to renew it in 2002, I was successful at having the renewal vacated based on CCP 683.170 (they renewed it with the wrong amount). 8 years later, they renewed it again with the correct amount, and even though I opposed it citing the 1st renewal was vacated, the judge allowed the renewal this time. Are there grounds for appeal?


Asked on 2/18/11, 3:58 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

The big issue here is whether the judge in 2002 entered a renewed modified judgment, or vacated the renewed judgment entirely. You need to look at the court orders very carefully. On a motion to vacate a renewed judgment, the judge has the discretion to renew the judgment, but correct the calculation. On the other hand, if the renewed judgment was vacated in its entirety, and was not timely renewed, then there is legal error in renewing a judgment 17 years later.

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Answered on 2/18/11, 4:13 pm
Herb Fox Law Office of Herb Fox

Without reviewing the record it is impossible to ascertain whether you can win an appeal (as Mr. Roach suggests in his post). Among other issues would be the nature of the underlying proceedings - if it was a small claims case your rights may be limited. And, how much is the judgment now worth (at least according to the creditors)?

I am a certified appellate law specialist with offices in Century City and Santa Barbara, and I would be happy to consult with you on this matter (initially at no charge) to determine whether you have grounds for an appeal.

Please see my website at www.LosAngelesAppeals.com for information about myself and contact information.

Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the LawGuru website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. The Law Office of Herb Fox does not and cannot warrant that any communication between the user of this Web site and the Law Office of Herb Fox shall remain confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.

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Answered on 2/19/11, 9:07 am


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