1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.

)
12 Plaintiff, )
) UNLIMITED CIVIL, DEMAND OVER $25,000
13 vs. )
) COMPLAINT FOR:
14 _____________________________. )
) ACTION ON JUDGMENT PURSUANT TO CODE
15 Defendants. ) OF CIVIL PROCEDURE SECTION 337.5(b)
)
16 ________________________________________ )

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To subscribe to my FREE weekly legal newsletter visit
20

21 http://www.legaldocspro.net/newsletter.htm and enter your e-mail

22

23
address. Remove this notice and all other notices before using this
24
document.
25
COMES NOW the Plaintiff, _______________ , (plaintiff) who alleges as follows:
26

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1. At all times herein mentioned plaintiff was, and now is, a corporation organized and

28 existing under the laws of the State of _________, and is qualified to transact intrastate business

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COMPLAINT-ACTION ON JUDGMENT PURSUANT TO CCP SECTION 337.5(b)
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business in California.
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3 2. That the defendant, _________, an individual, currently reside(s) in the county in

4 which this complaint is filed, and within this judicial district. Thus venue is proper and this court has
5 jurisdiction.
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3. That a judgment in favor of plaintiff and against defendant was entered in the County
7
of ____________, State of _____________ for the sum of $________, on or about _______
8

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4. That this Complaint is filed within ten (10) years of the date said judgment became

10 final. Thus this complaint is timely under the provisions of Code of Civil Procedure 337.5(b).

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Note that a judgment becomes final either upon expiration of
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13 the period within which an appeal may be taken, or, if an appeal is

14
taken, upon the issuance of the remittitur when the judgment has been
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16 affirmed. See Hoover v. Galbraith (1972) 7 Cal.3d 519, 525-526.

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And if the judgment debtor is absent from the state, the statute of
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limitations is tolled for the period of time they are absent pursuant to
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21 Code of Civil Procedure 351; see also Green v. Zissis (1992) 5

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Cal.App.4th 1219, 1223.
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24 If the judgment debtor files a bankruptcy petition the statute

25
of limitations period is also tolled during the period of the automatic
26

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stay. See Kertesz v. Ostrovsky (2004) 115 Cal.App.4th 369, 377.
28 And a judgment creditor is entitled as a matter of right to a

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COMPLAINT-ACTION ON JUDGMENT PURSUANT TO CCP SECTION 337.5(b)
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2 judgment on the original judgment providing it is commenced within

3
the 10- year statute of limitations period. Laches is no defense. See
4

5 United States Capital Corp. v. Nickelberry (1981) 120 Cal.App.3d 864,

6

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867-868.
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To purchase the entire 10 page document visit:
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10 https://legaldocspro.myshopify.com/products/sample-complaint-to-
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renew-judgment-in-california-under-code-of-civil-procedure-section-
12

13 337-5b
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COMPLAINT-ACTION ON JUDGMENT PURSUANT TO CCP SECTION 337.5(b)