Fear Not Law Articles: CDR Financial Services v. Burgstein

CDR Financial Services v

CDR Financial Services v. Burgstein

Filed 2/7/07 CDR Financial Services v. Burgstein CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

CDR FINANCIAL SERVICES, LLC.,

Plaintiff and Respondent,

GLEN BURGSTEIN,

Defendant and Appellant.

B187044

(Super. Ct. No. BC102549)

APPEAL from an order of the Superior Court of Los Angeles County. Alexander H. Williams III, Judge. Reversed and remanded with directions.

Glen Burgstein, in pro. per., for Defendant and Appellant.

Law Offices of Alan D. Wilner and Alan D. Wilner for Plaintiff and Respondent.

__________________________________________

Glen Burgstein appeals from an order denying his motion to vacate the renewal of a judgment in favor of assignee CDR Financial Services, LLC. We reverse the order and remand the matter to the trial court for further proceedings because the record indicates the trial court failed to consider Burgstein's undisputed claim he never was served with a summons and complaint in this action. Where a defendant proves he never was served, a motion to vacate the renewal of a judgment should be granted.

FACTS AND PROCEEDINGS BELOW

On April 12, 1994, Edie Elfmont filed a complaint against Glen Burgstein. On March 27, 1995, a default judgment was entered against Burgstein on Elfmont's complaint. On March 22, 2005, Elfmont assigned the money judgment to CDR Financial Services, LLC (CDR).

On March 25, 2005, CDR presented to the clerk of the trial court for filing an application for renewal of the judgment. The clerk did not file the application and supporting documents until April 4, 2005 (eight days past the 10-year deadline for filing an application for renewal of a judgment[1]). On May 3, 2005, the clerk filed an application to vacate the renewal of the judgment entered on April 4, stating: â€

Description	Glen Burgstein appeals from an order denying his motion to vacate the renewal of a judgment in favor of assignee CDR Financial Services, LLC. Court reverse the order and remand the matter to the trial court for further proceedings because the record indicates the trial court failed to consider Burgstein's undisputed claim he never was served with a summons and complaint in this action. Where a defendant proves he never was served, a motion to vacate the renewal of a judgment should be granted.
Rating	0/5 1 2 3 4 5 0/5 based on 0 votes.