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Required Notice and Service for Motion for Default Judgment ...
From the examples I found from Judge Zurzolo's docket, it looks like
everybody is providing 21 days notice and serving every lienholder with thenotice of motion and motion for default judgment even though they are notparties to the adversary and did not make an appearance, killing a couple trees
and money on postage in the process, regardless of LBR 7055-1 and FRCP 55not requiring service at all. Who am I to tilt at windmills....
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 9/26/2017 4:14:18 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
I am baffled by what procedures to follow in serving a Motion for Default Judgment RE: Complaint to Avoid Junior Lien in an adversary case in front of
Judge Zurzolo. The local rule 7055-1 only requires notices in compliance
with FRCP 55(b)(2), which only requires 7 days notice on a party who has
appeared in the case. In my situation, nobody appeared in the adversary
case. The Defendants default was entered and so no additional notice would
appear required.
Judge Zurzolo requires use of the otherwise optional form
F4003-2.5.Jr.Lien.Default.Motion in his Chapter13 miscellaneous requirements and
procedures. No problem other than the proof of service which has provisions on it to
serve every lien holder and servicer whether they are parties to the
adversary case or not. Judge Zurzolos Order Setting Procedures for Adversary
Proceeding Status Conferences says in paragraph E(1)(b)(2) to select a hearing
date from his self calendaring system, but to allow enough time for properservice of the Notice of Motion for Default Judgment. There is no such
specific form so I can only use the mandatory generic Notice of Motion form
which provides 21 days notice of the hearing.
So does Judge Zurzolo require 21 days notice without actually saying so? Or does he follow the local rules and FRCP that say no notice whatsoever is
required for a nonappearing party. How about all the extraneous lien
holders and servicers on the F4003-2.5.Jr.Lien.Default.Motion who are notdefendants?
Advice from those that have successfully run through this gauntlet beforeis appreciated.
Mark Jessee
From the examples I found from Judge Zurzolo's docket, it looks like
everybody is providing 21 days notice and serving every lienholder with the
notice of motion and motion for default judgment even though they are
not parties to the adversary and did not make an
appearance, killing a couple trees and money on postage in the
process, regardless of LBR 7055-1 and FRCP 55 not requiring service at
all. Who am I to tilt at windmills....
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 9/26/2017 4:14:18 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
I am baffled by what procedures to follow in serving a Motion for Default
Judgment RE: Complaint to Avoid Junior Lien in an adversary case in front of
Judge Zurzolo. The local rule 7055-1 only requires notices in
compliance with FRCP 55(b)(2), which only requires 7 days notice on a
party who has appeared in the case. In my situation, nobody appeared in the
adversary case. The Defendants default was entered and so no additional
notice would appear required.
Judge Zurzolo requires use of the otherwise optional form
F4003-2.5.Jr.Lien.Default.Motion in his Chapter13 miscellaneous requirements
and procedures. No problem other than the proof of service which has
provisions on it to serve every lien holder and servicer whether they are parties to the adversary case or not. Judge Zurzolos Order Setting Procedures
for Adversary Proceeding Status Conferences says in paragraph E(1)(b)(2) to
select a hearing date from his self calendaring system, but to allow enough
time for proper service of the Notice of Motion for Default Judgment. There is
no such specific form so I can only use the mandatory generic Notice of Motion
form which provides 21 days notice of the hearing.
So does Judge Zurzolo require 21 days notice without actually saying
so? Or does he follow the local rules and FRCP that
say no notice whatsoever is required for a nonappearing
party. How about all the extraneous lien holders and servicers on
the F4003-2.5.Jr.Lien.Default.Motion who are not defendants?
Advice from those that have successfully run through this
gauntlet before is appreciated.
Mark Jessee
The post was migrated from Yahoo.