Resurgence Capital LLC vs. Pavel Savin

34-2013-00139655-CL-CL-GDS: Resurgence Capital LLC vs. Pavel Savin 08/20/2026 Hearing on Motion - Other to Set Aside a Renewed Judgment in Department 16C

Tentative Ruling

The Court rules upon Defendant in propria persona Pavel Savin’s (“Defendant”) motion to set aside a renewed judgment as follows. Plaintiff Resurgence Capital LLC (“Plaintiff”), as successor-in-interest to US Bank, N.A., filed this action for breach of contract on February 11, 2013, based on consumer debt incurred from Defendant’s use of a credit card issued by US Bank. At the time Plaintiff filed the Complaint, Plaintiff sought $6,018.59 as the credit balance due and owing. On August 16, 2013, Plaintiff requested entry of default judgment against Defendant in the amount of $7,683.52, which included the consumer debt, plus interest and costs.

The Court entered default on the same day. Judgment was entered on August 16, 2013. On April 3, 2023, Plaintiff filed an Application for Renewal of Judgment. At that time, Plaintiff sought a total sum of $14,372.57, which was the original amount requested in the default judgment, plus $6,754.05 in interest and $45.00 in application fees, and less $290.00 in credits. On June 28, 2023, Plaintiff filed Proof of Service on Defendant of the Notice and Application for Renewal of Judgment, reflecting that both had been served on June 20, 2023.

On March 3, 2025, Defendant filed a motion to set aside or vacate the judgment. On June 12, 2025, the Court denied the motion on both procedural and substantive grounds. As to the former, this Court concluded that the motion was lacking Notice pursuant to Code of Civil Procedure section 1010. As to the latter, the Court concluded that Defendant had failed to cite any legal authority permitting the judgment to be set aside and, in any event, that the challenge was untimely. Defendant now seeks to set aside the renewed judgment.

A renewal of a judgment “may be vacated on any ground that would be a defense to an action on the judgment, including the ground that the amount of the renewed judgment as entered pursuant to this article is incorrect, and shall be vacated if the application for renewal was filed within five years from the time the judgment was previously renewed under this article. (Code Civ. Proc. § 683.170(a).) Such a motion must be filed within 60 days after service of the notice of renewal. (Code Civ. Proc. § 683.170(b).)

Under the governing statute, Defendant’s motion is untimely. As noted above, the judgment was renewed on April 3, 2023, and Defendant was served with notice of the renewal on June 20, 2023. Service is presumed to be valid if a statutorily compliant proof of service is filed with the court. (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1441-1442.) As noted, Plaintiff filed its proof of service via U.S. mail of the renewed judgment on June 28, 2023. Thus, Defendant had until August 25, 2023, to file a motion requesting that the renewed judgment be vacated. (Code Civ.

Proc. § 683.170(b) [60 days to file a motion to vacate renewed judgment]; § 1013(a) [extending any deadline for response by five days where document is served by mail].) Defendant did not file this motion until February 10, 2026 – over two years after service of notice

34-2013-00139655-CL-CL-GDS: Resurgence Capital LLC vs. Pavel Savin 08/20/2026 Hearing on Motion - Other to Set Aside a Renewed Judgment in Department 16C

of the renewed judgment. Defendant’s instant request is difficult to decipher, but it seems to ask the Court to vacate the renewed judgment against him and bring the motion under Code of Civil Procedure section 473.5. That statute is inapplicable here. Relief under section 473.5 is available “[w]hen service of a summons has not resulted in actual notice to a party in time to defend the action and default of default judgment has been entered against him or her in the action, ” (Code Civ. Proc. § 473.5(a).)

Such a motion must be brought “within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered.” (Ibid.) Even assuming Defendant’s deadline to file a motion under section 473.5 did not pass until two years after the entry of the renewed judgment (an argument which Defendant has not addressed), Defendant does not declare that he did not have actual notice of the renewal of the judgment, or even the original judgment, in time to defend the action.

Moreover, even assuming arguendo the statute afforded any basis for relief, any such request thereunder is untimely, regardless whether the Court considers the original default judgment or the renewed judgment. For the foregoing reasons, Defendant’s motion is denied. This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. § 1019.5; CRC Rule 3.1312.)

NOTICE: Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure: To request limited oral argument, on any matter on this calendar, you must call the Department 16C Oral Argument Request Line at (916) 874-1475 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below.

If no request for oral argument is made, the tentative ruling becomes the final order of the Court. Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

34-2013-00139655-CL-CL-GDS: Resurgence Capital LLC vs. Pavel Savin 08/20/2026 Hearing on Motion - Other to Set Aside a Renewed Judgment in Department 16C

The Department 16C Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16030877014 and the Zoom Meeting ID is 160 3087 7014. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED. Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed on the Court Reporter Services webpage available on the Sacramento Superior Court website at https://saccourt.ca.gov/general-information/court-reporter-services-transcripts.

Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://saccourt.ca.gov/home/showpublisheddocument/227/639084034465370000. A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list. Once the form is signed it must be filed with the clerk.

If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.