Judge: Anne Richardson, Case: 20STCP01720, Date: 2023-12-13 Tentative Ruling

DEPARTMENT 40 - JUDGE ANNE RICHARDSON - LAW AND MOTION RULINGS
The Court issues tentative rulings on certain motions.The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) email Dept 40 by 8:30 a.m. on the day of the hearing (smcdept40@lacourt.org) with a copy to the other party(ies) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no email is necessary and all parties should appear at the hearing in person or by Court Call. 

Case Number: 20STCP01720    Hearing Date: December 13, 2023    Dept: 40

Superior Court of California

County of Los Angeles

Department 40

Eagle Ranch Academy, Inc. (“Judgment Creditor”) brings this unopposed Motion for Assignment seeking a Court Order assigning payments that Sean Kanan and Michele Kanan (collectively, “Judgment Debtors”) are entitled to receive from third-party entities (“Third-Party Entities”) to Judgment Creditor in order to fulfill a sister-state judgment awarding $251,339.56 to Judgment Creditor.

There is no opposition to the Motion, and a facially valid proof of service is attached, showing timely service on both the Judgment Debtors and Third-Party Entities. After review, the Court GRANTS Eagle Ranch Academy’s Motion.

Motion for Assignment: GRANTED.

Legal Standard

Code of Civil Procedure section 708.510, subdivision (a)¿states, in¿relevant¿part:¿

“Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor or to a receiver appointed pursuant to Article 7 (commencing with Section 708.610) all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments, including but not limited to the following types of payments:¿

(1) Wages dues from the federal government that are not subject to withholding under an earnings withholding order.¿

(2) Rents.¿

(3) Commissions.¿¿

(4) Royalties.¿

(5) Payments due from a patent or copyright.¿

(6) Insurance policy loan value.”

Code of Civil Procedure section 708.510, subdivision (c), further provides:¿¿

“[I]n determining whether to order an assignment or the amount of an assignment pursuant to subdivision (a), the court may take into consideration all relevant factors, including the following:¿

(1) The reasonable requirements of a judgment debtor who is a natural person and of persons supported in whole or in part by the judgment debtor.¿

(2) Payments the judgment debtor is required to make or that are deducted in satisfaction of other judgments and wage assignments, including earnings assignment orders for support.¿

(3) The amount remaining due on the money judgment.¿

(4) The amount being or to be received in satisfaction of the right to payment that may be assigned.”

Analysis

Judgment Creditor seeks an order assigning Judgment Debtors’ interests in payments from several Third-Party Entities to Judgment Creditor. Specifically, Judgment Creditor requests the assignment of Sean Kanan’s interests in royalty and residual payments or distributions from prior productions with GEP Talent Services, LLC, SPE Inc., CBS Broadcasting, Inc., ABC Signature Studios, Inc., and Warner Bros. Entertainment Inc. Judgment Creditor also requests the assignment of Michele Kanan’s interests in commissions and/or distributions in connection to her status as a real estate agent licensed in the State of California. 

The Motion is supported by a declaration from Judgment Creditor’s attorney who alleges that Judgment Debtors are believed to have rights to payments from Third-Party Entities. (Jen Decl. ¶¶ 4-9.) It is also apparent that the sister-state Judgment is against both Debtors, jointly and severally. (Exhibit A attached to Jen Decl.)

There is no Opposition to the Motion, and after considering the requirements listed above, the Court GRANTS Eagle Ranch Academy Inc.’s Motion for Assignment, up to the amount of $374,359.59, which includes 1) the sum due on the judgment, 2) post-judgment interest, 3) fees in the amount of $5,736.75 and 4) costs in the amount of $61.65. The Court will only assign such rights to payment up to the amount necessary to satisfy the creditor’s money judgment. (Code Civ. Proc. §708.510 subd. (d).)

Conclusion

Judgment Creditor Eagle Ranch Academy, Inc.’s Motion for Assignment is GRANTED up to the sum of $374,359.59.

Judgment Creditor is directed to lodge a new Proposed Order setting forth the specific amount that will constitute full satisfaction of the creditor’s money judgment.