Before the Court this day is a motion by defendant Barron to expunge (?release?) his appeal bond.? The bond he posted was for $20,000.00.? Defendant concedes he owes $9,577.98 to plaintiff as the challenged garnishment amount, and thus requests $10,422.02 released to defendant and the remainder held for the benefit of plaintiff (or more accurately released directly to plaintiff).
CCP ?996.110(a) provides the statutory mechanism for this request.? The request appears proper on its face.? However, there is no opposition filed from the plaintiff (who is owed far more than just $9,577.98), and the Proof of Service on the pending motion uses the wrong address for plaintiff?s counsel.? The POS uses ?PO Box 5865, Irvine? but plaintiff?s counsel is located at ?2 Park Plaza Suite 400, Irvine.?
This is the second time this motion is here.? On 05/16/16 moving party was ordered to reserve the motion properly.? Nothing has been filed to show compliance with that order.? Absent evidence of compliance, the motion is deemed OFF-CALENDAR and will need to be refiled.
Defendant to give notice.