Judge: Alison Mackenzie, Case: 21STCV43053, Date: 2024-04-18 Tentative Ruling

Case Number: 21STCV43053    Hearing Date: April 18, 2024    Dept: 55

NATURE OF PROCEEDINGS: Plaintiff’s Motion for an Assignment Order.

BACKGROUND

The Court entered a Default Judgment in this action against Defendant, which remains unsatisfied in the amount of at least $62,679.74.

ERIK DIAZ (Plaintiff) requests an order, pursuant to Code of Civil Procedure sections 708.510 through 708.560, directing that JOSE BARRAGAN (Defendant), and third-party obligors, assign to Plaintiff as a judgment creditor, Defendant’s rights to payment due from real estate sales commissions, salary, bonuses, payments, and/or distributions, to fully satisfy the judgment including interest and costs.

LEGAL STANDARD

Courts have broad discretion in determining whether to order an assignment, and in fixing the amount to be assigned, pursuant to Code of Civil Procedure Section 708.510. Courts may consider all relevant factors, including but not limited to:

• The reasonable economic needs of a natural person judgment debtor and those supported partly or wholly by the debtor;

• Payments the judgment debtor is required to make or that are deducted in satisfaction of other judgments and wage assignments;

• The amount remaining due on the money judgment; and

• The amount remaining to be received on the right to payment. [CCP § 708.510(c)]

The judgment debtor may claim that all or part of a right to payment is exempt from enforcement of a money judgment. CCP § 708.550(a).

ANALYSIS

Plaintiff has properly filed a noticed motion under Section 708.510 seeking an assignment order for the unsatisfied judgment amount (including post-judgment interest, fees, costs, and less credits) of $62,679.74. Defendant has not filed an opposition or claim of exemption for the Court to analyze.

CONCLUSION

The Court grants the unopposed motion and will sign Plaintiff’s proposed order.