Forman v. Scott

SHOEMAKER, J.

On September 14, 1955, plaintiff Mary Forman recovered a default judgment against defendants George and Lorene Scott for damages arising out of an automobile accident.

On October 21,1955, defendant George Scott filed a petition in bankruptcy and scheduled the plaintiff as one of his creditors. Some six months later defendant received his discharge in bankruptcy.

On January 21, 1957, the California Department of Motor Vehicles notified defendant Scott that his driver’s license, license plates and registration cards were suspended, effective January 25, 1957, pursuant to Vehicle Code, section 410,

1

which provides that such penalty shall be imposed for failure to satisfy a judgment resulting from the operation of a motor vehicle.

On February 13, 1957, defendants George and Lorene Scott entered into a written agreement with plaintiff whereby defendants acknowledged that they were indebted to plaintiff by virtue of the default judgment entered on September 14, 1955, and agreed to make monthly payments of at least $10, commencing March 1, 1957, in liquidation of said judgment.

On April 24, 1957, defendant George Scott filed a motion to amend the default judgment

nunc pro tunc

to provide that it might be liquidated by him in accordance with the agreement of the parties “without prejudice to any other legal remedies available to plaintiff.” In support of said motion, defendant Scott filed an affidavit averring that

nunc pro tunc

modification of the judgment was necessary in order that he might obtain restoration of his driving privileges and thereby continue to obtain employment as a construction worker.

Thereafter, pursuant to a stipulation between plaintiff and defendant Scott, the judgment was modified

nunc pro tunc

in the manner requested.

During the period from May 1957 to April 1963, defendant Scott was repeatedly delinquent in the monthly payments required under the modified judgment, despite frequent demands by plaintiff. In October 1963, when defendant was