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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 G.G. MARCK & ASSOCIATES, INC., 8 Plaintiff, 10 JAMES PENG, Re: Dkt. No. 13 Defendant. 11 United States District Court Northern District of California ORDER RE: MOTION TO SET ASIDE JUDGMENT v. 9 Case No. 07-mc-80222-SI 12 The Court is in receipt of defendant James Peng’s motion to set aside judgment. Dkt. 13 No. 13. Pursuant to Civil Local Rule 7-1(b), the Court determines that this matter is appropriate 14 for resolution without oral argument and VACATES the hearing set for May 19, 2017. The Court 15 hereby DECLARES VOID the abstract of judgment entered as Dkt. No. 11. 16 On January 5, 2012, the Northern District of California issued an abstract of judgment in 17 this matter based on a certified judgment from the Northern District of Ohio in the amount of 18 $2,253,975. Dkt. Nos. 10-11. The Sixth Circuit reversed the underlying Ohio judgment in March 19 2012. Dkt. No. 14-7. In the Ohio action, on April 12, 2012, the district court granted defendant’s 20 motion for release of judgment liens. See Dkt. No. 407, G.G. Marck & Assoc., Inc. v. Peng, No. 21 05-cv-7391-DAK (N.D. Ohio Apr. 12, 2012). Plaintiff executed a general release of judgment 22 23 24 25 26 27 28 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 1 If defendant seeks a different form of relief, he may file an appropriate motion or bring an 1 the abstract of judgment entered as Dkt. No. 11. 2 This order resolves Dkt. No. 13. 3 IT IS SO ORDERED. 4 Dated: May 17, 2017 ______________________________________ SUSAN ILLSTON United States District Judge 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 appropriate action in state or federal court. 2

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