Browne
FIDELITY CREDITOR SERVICE, INC. v. Browne
Opinion
Opinion
Turner, J.
I. Introduction
Renewal of a judgment is a ministerial act performed by a court clerk upon receipt of an application for renewal. (Code Civ. Proc., §§ 683.120, subd. (b), 683.150, subd. (a); Beneficial Financial, Inc. v. Durkee (1988) 206 Cal.App.3d 912, 915 [ 254 Cal.Rptr. 351 ].) Section 683.150, subdivision (a) states: “Upon the filing of the application, the court clerk shall enter the renewal of the judgment in the court records.” Section 683.170 allows a judgment debtor to move to vacate the renewed judgment. W. Stevenson Browne (defendant) appeals from an order denying his section 683.170 motion to vacate the renewal of a judgment. Defendant argues that because the parties accepted as a fact he was never served with the summons and complaint, the timely motion to vacate the renewal should have been granted. We agree. We direct the trial court, on remand, to enter an order granting defendant’s motion.
II. Discussion
A. Background
In October 1989, a default judgment was entered against defendant in an action brought by John W. White. Mr. White subsequently assigned the money" judgment to Fidelity Creditor Service, Inc. (Fidelity). In August 1999, Fidelity filed…