BARRY TED MOSKOWITZ, Chief District Judge.
An application for renewal of judgment has been submitted in the above-captioned action by E.D.S. Financial Services, Inc. ("EDS"), assignee of record of a foreign judgment previously registered in this Court by judgment creditors Medical Provider Financial Corporation II, a Nevada corporation, and Medical Capital Corporation, a Nevada corporation (the "judgment creditors"). For the reasons discussed below, the Court will deny the application.
On September 25, 2006, an order for judgment by default was entered in favor of the Nevada judgment creditors against San Diego Center for Women's Health and Primary Care Medical Group, Inc., a California corporation, and Rosalyn Baxter-Jones, M.D. (the "judgment debtors"), in the District of Nevada.
On August 17, 2007, the Nevada judgment was registered in this District. Certification of J. for Registration in Another Dist. (ECF No. 1). On June 27, 2011, Thomas Seaman ("Seaman"), the court-appointed receiver for the judgment creditors, filed an acknowledgement of assignment of judgment indicating all remaining interest in the judgment had been transferred to Karen Good d/b/a/ Judgment Enforcement Bureau ("Karen Good"). Acknowledgement of Assignment of J. (ECF No. 5.) On October 3, 2016, Seaman filed a second acknowledgement of assignment of judgment indicating the prior assignment to Karen Good was terminated and all remaining interest in the judgment returned to Seaman, who in turn assigned all remaining interest in the judgment to EDS. Acknowledgement of Assignment of J. (ECF No. 23).
On April 25, 2017, EDS filed the instant application. Although it is labeled an application for renewal of judgment, which tends to suggest EDS is seeking renewal of the original judgment issued in Nevada, the body of the application indicates EDS is actually seeking renewal of the registered judgment.
The Court first considers whether it has authority to consider the application for renewal of the registered judgment. Nevada law imposes a six-year statute of limitations on actions for enforcement of judgment. Nev. Rev. Stat. § 11.190(1). However, California's period for enforcement of judgments is ten years. Cal. Code Civ. P. §§ 683.020, 337.5(b). Thus, at the time EDS filed the instant application for renewal, the original judgment had been stale under Nevada law since September 24, 2012, but the registered judgment was still viable under California law, and will be until August 16, 2017.
The Court finds it can consider EDS's application for renewal of the registered judgment despite the fact that the statute of limitations on the judgment has expired under Nevada law. The original judgment was registered in this District pursuant to 28 U.S.C. § 1963, which provides,
28 U.S.C. § 1963. "When a final judgment from one district court is registered with another district court pursuant to § 1963, the registered judgment must be treated like any other judgment entered by the registering court."
Under § 1963, a registered judgment is enforced as a new judgment entered in the first instance in the court of registration.
Because the registered judgment is the equivalent of an original judgment, it may be renewed under the procedures for renewal of judgment of the forum state of the court of registration. Three related Ninth Circuit decisions are instructive in this regard. The first two are
In
Having found that it can consider EDS's application for renewal of the registered judgment, the Court finds the application must nevertheless be denied because it does not satisfy the requirements for renewal. California law, which applies to these proceedings under Fed. R. Civ. P. 69(a), has established procedures for renewal of judgment in California Code of Civil Procedure § 683.140.
EDC's application for renewal fails to satisfy these requirements. It is not executed under oath, and it does not include the address of EDS. Cal. Code Civ. P. § 683.140(c). It also fails to provide information necessary to compute the amount of the judgment as renewed. Cal. Code Civ. P. § 683.140(d). EDS's calculation of the principal, interest, and credits, is as follows:
Appl. for Renewal at 3. This information is not sufficient to enable the Court to "compute the amount of the judgment as renewed" as required by § 683.140(d), or alternatively, to confirm that EDS has computed the amount correctly. EDS adds interest through 12/31/2015 before deducting amounts paid. Calculating the interest in the aggregate before applying the debtors' payments in the aggregate is almost certain to overstate the amount of the remaining debt. Also, EDS fails to explain the significance of the two time periods it uses for its calculations ("through 12/31/2015" and "1/1/2016-4/24/2017"). By setting forth interest accrued and payments made as totals "through 12/31/2015" and for the period "1/1/2016-4/24/2017", EDS keeps its calculations opaque. EDS has failed to supply any underlying data regarding individual payments, interest accrued at the time of each payment, nor has it provided information explaining or justifying the aggregate amounts stated in the application. The Court thus cannot determine the accuracy of EDS's calculations and finds EDS has failed to "provide information necessary to compute the amount of the judgment as renewed." Cal. Code Civ. P. § 683.140(d). Therefore, EDS's application for renewal of judgment fails to comply with § 683.140.
In sum, the Court finds that it can entertain an application for renewal of a registered judgment previously registered in this District. Here, however, EDS has failed to comply with the pertinent requirements for application for renewal of judgment under California law. Accordingly, the Court DENIES EDS's application for renewal of judgment. [ECF No. 26.]