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Judge Zurzolo - Default Judgments
Judge Zurzolo expressly requires a regularly noticed hearing for default
judgment motions despite the fact that the local default judgment motion
form is created not to require a hearing. Just change the form where it
says that no hearing is required and type the hearing date, time and place
in its stead.
On Mon, Sep 16, 2013 at 10:09 AM, Link Schrader
wrote:
> **
>
>
> I need some help on the correct procedure to get a default judgment in
> Judge Zurzolo's court. I have requested entry of default from the clerk.
> I filed the motion for Default Judgment (LBR Form 7055-1.2), but in the
> location for the hearing date I put the status conference date with a note
> that "Shown above is date, time and location of status conference. No
> hearing necessary for default." I uploaded LBR Form Order 4003-2.5, also
> with the status conference mentioned in the hearing section and reference
> to no hearing held.
>
> The proposed order was rejected because of incorrect hearing date. I have
> been instructed to file an amended notice of hearing with correct hearing
> information.
>
> I have located the hearing dates that Judge Zurzolo has most Tuesdays at
> 1:30pm for hearings on Motions for Default Judgments.
>
> Here is what I plan to do: 1) File and serve an amended notice of hearing
> for the available hearing date at least 21 days out; and 2) because the
> LBR Form 7055-1.2 states that "A copy of the proposed default judgment is
> submitted herewith and has been served", I will upload a new Form Order
> 400.-2.5 which will state that new hearing date and I will file and serve a
> Notice of Lodged Order in Adversary Case.
>
> Normally, I wait to upload orders until after a hearing, unless it is ex
> parte or no hearing required.
>
> Also, while FRBP 7005(a)(2) states that no service is required on a party
> who is in default for failing to appear, I am going to serve everything
> filed on the creditor only at the address on the filed proof of claim. I
> am not going to serve the other addresses that were served the summons and
> complaint by certified mail (i.e. agent for service of process, bank
> officer, etc.).
>
> Does this sound correct? Any tips? Thank you,
>
> *Link Schrader, Attorney*
>
> Law Office of Link W. Schrader
>
> **
>
> *Link Schrader, Attorney*
> Law Office of Link W. Schrader
> Mail: P.O. Box 3723, Tustin, CA 92781
> Office: 106 W. 4th Street, Suite #308, Santa Ana,
> CA 92701
> Office: (714) 542-5922; Mobile/Text: (310) 413-6924
> San Diego: (619) 952-8342; Fax: (310) 878-4158
> www.schrader-law.com
> ______________________________**______________________________**
> ______________________________**____________
> This communication and any files transmitted with it contain information
> which is confidential and may be privileged and exempt from disclosure
> under applicable law. It is intended solely for the use of the individual
> or intended recipient. You are hereby notified that any use, dissemination
> or copying of this communication is strictly prohibited. If you have
> received this communication in error, please notify the sender. Thank you
> for your cooperation.
>
>
>
Giovanni Orantes, Esq.
Certified Bankruptcy Specialist*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Judge Zurzolo expressly requires a regularly noticed hearing for default judgment motions despite the fact that the local default judgment motion form is created not to require a hearing. Just change the form where it says that no hearing is required and type the hearing date, time and place in its stead.
On Mon, Sep 16, 2013 at 10:09 AM, Link Schrader <lschrader@schrader-law.com> wrote:
I need some help on the correct procedure to get a default judgment in Judge Zurzolo's court. I have requested entry of default from the clerk. I filed the motion for Default Judgment (LBR Form 7055-1.2), but in the location for the hearing date I put the status conference date with a note that "Shown above is date, time and location of status conference. No hearing necessary for default."tioned in the hearing section and reference to no hearing held.
The proposed order was rejected because of incorrect hearing date. I have been instructed to file an amended notice of hearing with correct hearing information.I have located the hearing dates that Judge Zurzolo hasmost Tuesdays at 1:30pm for hearings on Motions for Default Judgments.
Here is what I plan to do: 1) File and serve an amended notice of hearing for the available hearing date at least 21 days out; and 2) because the LBR Form 7055-1.2 states that "A copy of the proposed default judgment is submitted herewith and has been served", I will upload a new Form Order 400.-2.5 which will state that new hearing date and
Normally, I wait to upload orders until after a hearing, unless it is ex parte or no hearing required.Also, while FRBP 7005(a)(2) states that no service is required on a party who is in default for failing to appear, I am going to serve everything filed on the creditor only at the address on the filed proof of claim. I am not going to serve the other addresses that were served the summons and complaint by certified mail (i.e. agent for service of process, bank officer, etc.).
Does this sound correct? Any tips? Thank you,Link Schrader, Attorney
Law Office of Link W. Schrader
Link Schrader, AttorneyLaw Office of Link W. SchraderMail: P.O. Box 3723, Tustin, CA 92781Office: 106 W. 4th Street, Suite #308, Santa Ana,
CA 92701Office: (714) 542-5922; Mobile/Text: (310) 413-6924
San Diego:
The post was migrated from Yahoo.
Correct.
Sent from my Stella Havkin's IPhone
On Sep 16, 2013, at 10:09 AM, Link Schrader wrote:
> I need some help on the correct procedure to get a default judgment in Judge Zurzolo's court. I have requested entry of default from the clerk. I filed the motion for Default Judgment (LBR Form 7055-1.2), but in the location for the hearing date I put the status conference date with a note that "Shown above is date, time and location of status conference. No hearing necessary for default." I uploaded LBR Form Order 4003-2.5, also with the status conference mentioned in the hearing section and reference to no hearing held.
>
> The proposed order was rejected because of incorrect hearing date. I have been instructed to file an amended notice of hearing with correct hearing information.
>
> I have located the hearing dates that Judge Zurzolo has most Tuesdays at 1:30pm for hearings on Motions for Default Judgments.
>
> Here is what I plan to do: 1) File and serve an amended notice of hearing for the available hearing date at least 21 days out; and 2) because the LBR Form 7055-1.2 states that "A copy of the proposed default judgment is submitted herewith and has been served", I will upload a new Form Order 400.-2.5 which will state that new hearing date and I will file and serve a Notice of Lodged Order in Adversary Case.
>
> Normally, I wait to upload orders until after a hearing, unless it is ex parte or no hearing required.
>
> Also, while FRBP 7005(a)(2) states that no service is required on a party who is in default for failing to appear, I am going to serve everything filed on the creditor only at the address on the filed proof of claim. I am not going to serve the other addresses that were served the summons and complaint by certified mail (i.e. agent for service of process, bank officer, etc.).
>
> Does this sound correct? Any tips? Thank you,
> Link Schrader, Attorney
>
> Law Office of Link W. Schrader
>
>
>
>
> Link Schrader, Attorney
> Law Office of Link W. Schrader
> Mail: P.O. Box 3723, Tustin, CA 92781
> Office: 106 W. 4th Street, Suite #308, Santa Ana,
> CA 92701
> Office: (714) 542-5922; Mobile/Text: (310) 413-6924
> San Diego: (619) 952-8342; Fax: (310) 878-4158
> www.schrader-law.com
> ______________________________________________________________________________________________________
> This communication and any files transmitted with it contain information which is confidential and may be privileged and exempt from disclosure under applicable law. It is intended solely for the use of the individual or intended recipient. You are hereby notified that any use, dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender. Thank you for your cooperation.
>
>
The post was migrated from Yahoo.
I need some help on the correct procedure to get a default judgment in
Judge Zurzolo's court. I have requested entry of default from the clerk.
I filed the motion for Default Judgment (LBR Form 7055-1.2), but in the
location for the hearing date I put the status conference date with a note
that "Shown above is date, time and location of status conference. No
hearing necessary for default." I uploaded LBR Form Order 4003-2.5, also
with the status conference mentioned in the hearing section and reference
to no hearing held.
The proposed order was rejected because of incorrect hearing date. I have
been instructed to file an amended notice of hearing with correct hearing
information.
I have located the hearing dates that Judge Zurzolo has most Tuesdays at
1:30pm for hearings on Motions for Default Judgments.
Here is what I plan to do: 1) File and serve an amended notice of hearing
for the available hearing date at least 21 days out; and 2) because the
LBR Form 7055-1.2 states that "A copy of the proposed default judgment is
submitted herewith and has been served", I will upload a new Form Order
400.-2.5 which will state that new hearing date and I will file and serve a
Notice of Lodged Order in Adversary Case.
Normally, I wait to upload orders until after a hearing, unless it is ex
parte or no hearing required.
Also, while FRBP 7005(a)(2) states that no service is required on a party
who is in default for failing to appear, I am going to serve everything
filed on the creditor only at the address on the filed proof of claim. I
am not going to serve the other addresses that were served the summons and
complaint by certified mail (i.e. agent for service of process, bank
officer, etc.).
Does this sound correct? Any tips? Thank you,
*Link Schrader, Attorney*
Law Office of Link W. Schrader
**
*Link Schrader, Attorney*
Law Office of Link W. Schrader
Mail: P.O. Box 3723, Tustin, CA 92781
Office: 106 W. 4th Street, Suite #308, Santa Ana,
CA 92701
Office: (714) 542-5922; Mobile/Text: (310) 413-6924
San Diego: (619) 952-8342; Fax: (310) 878-4158
www.schrader-law.com
The post was migrated from Yahoo.