Starving Students v. National Merchant Center CA4/3

Filed 11/6/23 Starving Students v. National Merchant Center CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

STARVING STUDENTS INC.,

Plaintiff and Appellant, G062217

v. (Super. Ct. No. 30-2014-00697272)

NATIONAL MERCHANT CENTER, OPINION LLC,

Defendant and Respondent.

Appeal from a judgment of the Superior Court of Orange County, Randall J. Sherman, Judge. Dismissed. Stephen F. Lopez for Plaintiffs and Appellant. Alpert Law Group and Jeffrey Alpert for Defendant and Respondent.

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Following entry of judgment in its favor, National Merchant Center, LLC (NMC) held a debtor’s exam and obtained an order requiring Starving Students Inc. to turn over all its certificates of title to any cars it owns to NMC. Starving Students did so and then filed a motion with the court seeking an order it had satisfied the judgment. The court denied the request on procedural grounds as well as upon a determination that Starving Students had failed to show the judgment was, in fact, satisfied. Three months later, Starving Students filed a renewed motion pursuant to Code of Civil Procedure 1 section 1008, subdivision (b) seeking the same relief. The court denied the request and Starving Students appealed. Following our request for additional briefing regarding the appealability of the order, pursuant to the holdings in Chango Coffee, Inc. v. Applied Underwriters, Inc. (2017) 11 Cal.App.5th 1247 and Tate v. Wilburn (2010) 184 Cal.App.4th 150, and our consideration of sanctions, Starving Students filed a request for dismissal of the appeal. We will exercise our discretion and dismiss the appeal.