Fyfe v. Pompey, et al

Filing 224

ORDER by Judge Claudia Wilken Granting 222 APPLICATION FOR RENEWAL OF JUDGMENT. (ndr, COURT STAFF) (Filed on 9/29/2011)

1
2
3
4
5
IN THE UNITED STATES DISTRICT COURT
6
FOR THE NORTHERN DISTRICT OF CALIFORNIA

7
8

ERIN FYFE,

9
United States District Court
For the Northern District of California

10
11
12

No. 96-01613 CW
Plaintiff,

ORDER GRANTING
APPLICATION FOR
RENEWAL OF
JUDGMENT

v.
DR. MICHAEL POMPEY,
Defendant.
/

13
14
15

Pro se Plaintiff Erin Fyfe applies for renewal of a $300,000

16

default judgment entered against Defendant Dr. Michael Pompey on

17

July 5, 2002.

18

he has attempted to locate Dr. Pompey to enforce the judgment, but

19

he has been unsuccessful.

20

Plaintiff indicates that, over the last nine years,

The law of the forum state controls the time limits applicable

21

to the enforcement of a judgment.

Fed. R. Civ. P. 69(a)(1);

22

Espanol v. Tookes, 2010 WL 582145, *1 (N.D. Cal.).

23

California, the forum state, provides that a money judgment may not

24

be enforced after the expiration of ten years following the date of

25

entry of judgment.

26

However, a judgment may be renewed for a period of ten years if the

27

renewal is filed before the expiration of the judgment.

28

Proc. Code §§ 683.120 (a), (b); 683.130.(a).

The law of

Cal. Civ. Proc. Code § 683.120(a), (b).

Cal. Civ.

Filing an application

1

for renewal automatically renews the judgment.

2

Code § 683.150(a).

Cal. Civil Proc.

3

For good cause appearing, the Court grants Plaintiff’s

4

application for renewal of judgment against Defendant Dr. Michael

5

Pompey in the amount of $300,000, with interest thereon accruing

6

from July 5, 2002 as provided by 28 U.S.C. § 1961, plus Plaintiff’s

7

cost of suit.

8

renewed judgment.

The Clerk of the Court shall enter a separate

9
United States District Court
For the Northern District of California

10

IT IS SO ORDERED.

11
12

Dated: 9/29/2011
CLAUDIA WILKEN
United States District Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2

1

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

2
3
FYFE,

Case Number: CV96-01613 CW

4
Plaintiff,

CERTIFICATE OF SERVICE

5
v.
6
POMPEY, ET AL et al,
7
Defendant.
8
9
United States District Court
For the Northern District of California

10
11
12

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court,
Northern District of California.
That on September 29, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located
in the Clerk's office.

13
14

16

Erin Fyfe
19846 Via Redonda Road
Sonora, CA 95370-8408

17

Dated: September 29, 2011

15

18

Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

19
20
21
22
23
24
25
26
27
28

3