Arai

Arai v. Leff

Good Law
173 F. App'x 614
United States Court of Appeals for the Ninth CircuitMarch 16, 2006No. 05-55964California214 words

Opinion

Lead Opinion

MEMORANDUM **

Ernest Leff appeals pro se from the district court’s order denying his motion to dismiss and granting plaintiffs’ application to renew judgment. We dismiss for lack of jurisdiction.

Pursuant to Federal Rule of Civil Procedure 69(a), state law applies to the procedures used “in proceedings supplementary to and in aid of a judgment.” By statute, judgments entered in California may be renewed within a ten year period after entry of judgment. See Cal.Civ.Proc.Code § 683.120 et seq. The entry of a renewal of judgment is a purely ministerial act performed by the court clerk upon the filing of an application that contains the requisite information. See Cal.Civ.Proc. Code § 683.150(a) (“Upon the filing of the application, the court clerk shall enter the renewal of the judgment in the court records”).

Accordingly, the district court’s order granting plaintiffs’ application to renew judgment, and denying Leff s motion chal *615 lenging the renewal, was merely ministerial and is not an appealable order. See American Ironworks & Erectors, Inc. v. North American Constr. Corp., 248 F.3d 892 , 898 (9th Cir.2001).

Leffs remaining contentions lack merit.

DISMISSED.

This…

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