G.G. Marck & Associates, Inc. v. Peng

Filing 15

ORDER RE: MOTION TO SET ASIDE JUDGMENT 13 . (Illston, Susan) (Filed on 5/17/2017) (Additional attachment(s) added on 5/17/2017: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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G.G. MARCK & ASSOCIATES, INC.,

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Plaintiff,

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JAMES PENG,

Re: Dkt. No. 13

Defendant.

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United States District Court
Northern District of California

ORDER RE: MOTION TO SET ASIDE
JUDGMENT

v.

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Case No. 07-mc-80222-SI

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The Court is in receipt of defendant James Peng’s motion to set aside judgment. Dkt.

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No. 13. Pursuant to Civil Local Rule 7-1(b), the Court determines that this matter is appropriate

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for resolution without oral argument and VACATES the hearing set for May 19, 2017. The Court

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hereby DECLARES VOID the abstract of judgment entered as Dkt. No. 11.

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On January 5, 2012, the Northern District of California issued an abstract of judgment in

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this matter based on a certified judgment from the Northern District of Ohio in the amount of

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$2,253,975. Dkt. Nos. 10-11. The Sixth Circuit reversed the underlying Ohio judgment in March

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2012. Dkt. No. 14-7. In the Ohio action, on April 12, 2012, the district court granted defendant’s

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motion for release of judgment liens. See Dkt. No. 407, G.G. Marck & Assoc., Inc. v. Peng, No.

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05-cv-7391-DAK (N.D. Ohio Apr. 12, 2012). Plaintiff executed a general release of judgment

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lien shortly thereafter, which was then recorded in Santa Clara County. See Dkt. No. 14-6. Mr.
Peng states that a recent title search on his California property still reflects the above judgment as
against him individually. Dkt. No. 13 at 2; Dkt. No. 13-1.
In his motion, defendant asks the Court “to set aside the Judgment Lien” against him. Dkt.
No. 13 at 3. The Court interprets this as a request to void the abstract of judgment issued in this
matter and, in this respect, GRANTS defendant’s motion.1 The Court hereby DECLARES VOID
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If defendant seeks a different form of relief, he may file an appropriate motion or bring an

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the abstract of judgment entered as Dkt. No. 11.

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This order resolves Dkt. No. 13.

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IT IS SO ORDERED.

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Dated: May 17, 2017
______________________________________
SUSAN ILLSTON
United States District Judge

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United States District Court
Northern District of California

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appropriate action in state or federal court.
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