Employee Management v. Aloha Group Limited CA2/2

Filed 7/17/14 Employee Management v. Aloha Group Limited CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

EMPLOYEE MANAGEMENT B249664 CORPORATION, (Los Angeles County Plaintiff and Respondent, Super. Ct. No. BS038466)

v.

THE ALOHA GROUP LIMITED et al.,

Defendants and Appellants.

APPEAL from an order of the Superior Court of Los Angeles County. Daniel J. Buckley, Judge. Affirmed.

Enenstein Ribakoff Laviña & Pham, Teri T. Pham and Robert A. Rabbat for Defendants and Appellants.

Herzlich & Blum and Allan Herzlich for Plaintiff and Respondent.

Defendants and appellants Marshall Mars (Mars), The Aloha Group Limited, and Aloha Rainbows (collectively, defendants) appeal from the trial court’s order denying their motion under Code of Civil Procedure section 1710.401 to vacate a judgment based on a sister state judgment entered against them in the State of Hawaii in 1996 (the Hawaii judgment). We affirm the trial court’s order. BACKGROUND On February 15, 1996, the Circuit Court of the First Circuit of the State of Hawaii (the Hawaii Circuit Court) entered a money judgment (the Hawaii judgment) against defendants and in favor of plaintiff and respondent Employee Management Corporation (plaintiff). Plaintiff obtained a judgment against defendants in California on March 22, 1996 (the 1996 judgment) by filing an application under section 1710.15 for entry of judgment based on the Hawaii judgment. Plaintiff did not serve defendants with notice of entry of the 1996 judgment. On December 23, 1997, the Hawaii Circuit Court entered an amended final judgment against defendants, nunc pro tunc as of February 15, 1996. On June 13, 2005, plaintiff filed an application for renewal of the 1996 judgment and obtained a renewal extending enforceability of that judgment for an additional 10 years. On November 30, 2005, plaintiff obtained from the Hawaii Circuit Court an order extending the Hawaii judgment for an additional 10-year period, to February 15, 2016. In May 2012, plaintiff sought to enforce the 1996 judgment in California by filing an application and order for a judgment debtor examination of defendant Mars. In September 2012, Mars filed a motion for an order vacating the 1996 judgment and precluding plaintiff from attempting to reenter in California any judgment based on the Hawaii judgment. On December 13, 2012, the trial court granted Mars’s motion to vacate the 1996 judgment. Plaintiff did not appeal the order granting the motion to vacate, but instead filed another application under section 1710.15, seeking once again to have the Hawaii judgment entered in California. Pursuant to plaintiff’s application, a judgment based on