Resurgence Capital LLC vs. Pavel Savin

34-2013-00139655-CL-CL-GDS: Resurgence Capital LLC vs. Pavel Savin 10/14/2025 Hearing on Motion - Other to Extend Discovery for Production New Evidence in Department 53

Tentative Ruling

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34-2013-00139655-CL-CL-GDS: Resurgence Capital LLC vs. Pavel Savin 10/14/2025 Hearing on Motion - Other to Extend Discovery for Production New Evidence in Department 53

or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING: Self-represented Defendant’s unopposed “motion to extend discovery for production [sic] new evidence” is denied.

This is a 2013 case where judgment was entered on August 6, 2013. On June 12, 2025, this Court denied Defendant’s motion to vacate the original judgment entered in this case entered in favor of Plaintiff Resurgence Capital, LLC Legal Group, PC and renewed on April 3, 2023. Defendant alleges the judgment was the result of identity theft which was reported to the IRS in 2021. The Court denied the motion on the basis that Defendant failed to include a Notice that complied with Code of Civil Procedure § 1010, failed to cite any legal authority which would allow the judgment to be set aside and failed to submit any evidence to support his claim that the judgment should be set aside.

In Defendant’s instant two-page motion, it appears that he seeks an order from this Court allowing him to conduct discovery to obtain evidence to contest the Court’s June 12, 2025 order. As best the Court can tell, Defendant wishes to obtain information from Plaintiff regarding the underlying debt.

Once again, the motion must be denied. First, the motion fails to include a Notice setting forth the specific grounds for relief as required by Code of Civil Procedure § 1010. Further, to the extent that the motion seeks an order extending the discovery cut-off, there is no basis for such a request. Judgment was entered in 2013. Code of Civil Procedure § 2024.020 provides that discovery closes 30 days before the date initially set for trial. Code of Civil Procedure § 2024.050 allows a Court to grant leave to complete discovery closer to the trial date or to reopen discovery after a new trial date has been set.

However, these sections do not apply after judgment has been entered. Code of Civil Procedure § 2036.010 permits discovery “for purposes of perpetuating testimony or preserving information for use in the event of further proceedings in that court” if an appeal was taken from the judgment or the time to appeal has not expired. Here, no appeal was taken from the judgment and the time to appeal the 2013 judgment has long passed. While certain provisions of the Code of Civil Procedure permit post judgment discovery, that discovery is only allowed for the judgment creditor “to aid in enforcement of the money judgment.” (Code of Civil Procedure §§ 708.020, 708.030.)

Defendant has failed to identify any legal authority which would allow the instant motion to be granted. Finally, while the Court need not proceed further, it will note that as with the previous motion, Defendant does not submit any evidence to support his motion.

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

34-2013-00139655-CL-CL-GDS: Resurgence Capital LLC vs. Pavel Savin 10/14/2025 Hearing on Motion - Other to Extend Discovery for Production New Evidence in Department 53

Specifically, the motion consists of approximately two pages and is not supported by any declaration executed under penalty of perjury. While Defendant filed and served a declaration on September 29, 2025, the Court did not consider that declaration. “[A]ll moving and supporting papers shall be served and filed at least 16 court days before the hearing.” (Code of Civil Procedure § 1005(b). September 29, 2025, was only 11 court days before the hearing.

The Court will again further note that although Defendant is self-represented in this action in propria persona, and likely has little to no legal training, self-represented litigants are not entitled to special treatment. (Nelson v. Gaunt (1981) 125 Cal. App.3d 623, 638-639.) Self-represented litigants are required to follow the same procedural rules that govern civil litigation. (McComber v. Wells (1999) 72 Cal.App.4th 512, 522- 523.) A self-represented party is to be treated like any other party and is entitled to the same, but no greater, consideration than other litigants and attorneys. (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246-1247; Barton v. New United Motor Manufacturing, Inc. (1996) 43 Cal.App.4th 1200, 1210).

The Court will once again state that although the Court denies Defendant’s motion, such ruling does not preclude Defendant from contacting the judgment creditor regarding any questions Defendant may have regarding the judgment at issue.

The motion does not provide notice of the Court’s tentative ruling system as required by Local Rule 1.06(D). Defendant is ordered to notify Plaintiff’s counsel immediately of the tentative ruling system and to be available at the hearing in person, via Zoom or by telephone, in the event Plaintiff’s counsel appears without following the procedures set forth in Local Rule 1.06(B).

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.