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FORM
NO. 42: Notice of
Motion To Compel Acknowledgment
of Satisfaction
Judgment
Proceedings
to Compel Acknowledgment of Satisfaction of Judgment‑Notice of Motion
[Code Civ. Proc. §§ 724.050(d), 724.110(b), 724.2301
See Form ______ For General format of Heading
See Form ______
SUPERIOR
COURT OF CALIFORNIA, COUNTY OF
[or
other as appropriate)
NO.
_________________-name].
NOTICE
OF MOTION AND
MOTION TO
COMPEL
Plaintiff,
ACKNOWLEDGMENT
OF
[PARTIAL]
vs.
SATISFACTION OF
JUDGMENT
_________________-name].
Date:
Location:
Time:
________
Defendant. Judge:
Date
Action Filed:
_______________________________/ Trial
Date:
To
[specify, e.g., plaintiff] [name] and to
NOTICE
IS HEREBY GIVEN that on [date], at [time]. or
heard, in [ (Department
[If
entire judgment or matured installments under installment judgment are
________________-[specify
party, e.g.. Defendant] will also move the court to hold
$ _________ sustained by reason of plaintiffs failure without just cause
The
motion will be made on the grounds that the
[judgment or
The
motion will be based on this notice of motion, on the declaration of
Dated:
_____________________
By:
[signature]
[typed
name]
Attorney
for . [moving party]
COMMENTS
(Matthew
Bender & Co Inc.) (Re1.127‑5M Pub.181)
202.7
JUDGMENTS Form 42
Use
of Form
This
form of notice of motion is for use in obtaining an order to compel a judgment
creditor to comply with a demand for acknowledgment of either partial or
complete satisfaction of judgment, or in the case of an installment judgment,
the satisfaction of matured installments. In the case of full satisfaction of
judgment, the court may compel the judgment creditor to comply with the demand,
or order the entry of satisfaction without the acknowledgment [Code Civ. Proc.
§ 724.050(d)]. In the case of partial satisfaction, the court must determine
the amount of partial satisfaction and compel the judgment creditor to comply
with the demand [Code Civ. Proc. § 724.110M]. In the case of satisfaction of
matured installments under an installment judgment, the court may compel
compliance with the demand, or make an order determining that the matured
installments as of the date specified in the demand have been satisfied [Code
Civ. Proc. § 724.2301.
A
memorandum of points and authorities must be filed and a copy served with this
notice of motion [Cal. Rules of Ct., Rule 313(a); see Code Civ. Proc. §§
1005(b), 10101. For discussion and forms, see Ch. 417, Points and Authorities.
REFERENCES
California
Points and Authorities
For
memoranda of points and authorities supporting motion for order compelling
satisfaction of a judgment, see CALIFORNIA POINTS AND AuM‑toRrnES, Ch.
131, Judgments (Matthew Bender)
State
Statutes
Entry
of satisfaction of judgment. Code Civ. Proc. § 724.020
Duty
to provide acknowledgment of full satisfaction. Code Civ. Proc. § 724.030
Demand
for acknowledgment of full satisfaction: liability for refusal. Code Civ. Proc.
§ 724.050(a),(e)
Court's
power to compel acknowledgment. Code Civ. Proc. §§ 724.050(d). 724.110(b)
Unjustified
conditioning of delivery of acknowledgment of satisfaction: liability. Code Civ.
Proc. § 724.070
Awarding
of attorney's fees as required in actions maintained pursuant to Code Civ. Proc.
§§ 724.010‑724.100. Code Civ. Proc. § 724.080
Damages
provided by Code Civ. Proc. §§ 724.010‑724.100 as not in derogation of
any other damages or penalties. Code Civ. Proc. § 724.090
Demand
for acknowledgment of partial satisfaction of judgment. Code Civ. Proc. §
724.110(a)
Demand
for acknowledgment of satisfaction of matured installments under installment
judgment. Code Civ. Proc. § 724.220
Decisions
Sufficiency
of notice of motion and affidavits in support of notice of motion to compel
satisfaction of judgment. Ramey v. Myers (1958) 159 Cal. App. 2d 82,
85-87. 323 P.2d 805
See
also Comments and References to Forms 40 and 41.
(Matthew
Bender & Co., Inc.) (Rel.127‑5/99 Puh.IRl)
202.9
JUDGMENTS Form 43
(Matthew
Bender & Co., Inc.)
(Rcl.l27‑5/9y
Pub.181)‑
Related
Forms -
The motion must be accompanied with:
(1) FORM
NO. 43
COMPEL
ACKNOWLEDGMENT
(2) a memorandum of points and
authorities
(4) a proposed order,.
jjj
202.11
JUDGMENTS Form 44
FORM
NO. 44
Proceedings
to Compel Acknowledgment of Satisfaction of Judgment‑Order [Code Civ.
Proc. §§ 724.050(d), 724.110(b), 724.230]
SUPERIOR
COURT OF CALIFORNIA, COUNTY OF.
[or
other as appropriate]
NO.
ORDER
[GRANTING or
DENYING]
MOTION TO COMPEL
ACKNOWLEDGMENT
OF
[name],
[PARTIAL] SATISFACTION OF
Plaintiff,
JUDGMENT
mmmmmmmmmmmmmmmmm