Judge: Audra Mori, Case: BC723731, Date: 2022-10-25 Tentative Ruling

Case Number: BC723731    Hearing Date: October 25, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Roberto Gascon (“Plaintiff”) filed this action against Defendant Miguel Alexander Sandoval (“Defendant”) for damages arising from a motor vehicle accident.  On June 30, 2022, Plaintiff filed a Notice of Settlement of Entire Case providing that the parties had entered into a conditional settlement. 

Defendant thereafter filed the instant motion for an order to postpone disbursement of the settlement funds until the Department of Child Support Services’ (“DCSS”) lien is settled.  On October 4, 2022, DCSS filed a Notice of Lien providing that it has a lien based on a money judgment against Plaintiff. 

Defendant provides that DCSS served a notice of lien on the parties regarding the settlement funds to be paid to Plaintiff.  Defendant asserts that in order to avoid imposition of liability under CCP § 708.470(c), it is seeking relief to ensure that the settlements funds are distributed in an appropriate manner. 

Plaintiff has filed a notice of non-opposition to the motion.  Plaintiff provides he is currently in discussions with DCSS in an effort to settle the lien, and that once the lien is resolved, Plaintiff will provide documentation to Defendant. 

            CCP § 708.470 provides:

(a) If the judgment debtor is entitled to money or property under the judgment in the action or special proceeding and a lien created under this article exists, upon application of any party to the action or special proceeding, the court may order that the judgment debtor's rights to money or property under the judgment be applied to the satisfaction of the lien created under this article as ordered by the court. Application for an order under this section shall be on noticed motion. The notice of motion shall be served on all other parties. Service shall be made personally or by mail.

(b) If the judgment determines that the judgment debtor has an interest in property, the court may order the party having custody or control of the property not to transfer the property until it can be levied upon or otherwise applied to the satisfaction of the lien created under this article.

(c) If the court determines that a party (other than the judgment debtor) having notice of the lien created under this article has transferred property that was subject to the lien or has paid an amount to the judgment debtor that was subject to the lien, the court shall render judgment against the party in an amount equal to the lesser of the following:

(1) The value of the judgment debtor's interest in the property or the amount paid the judgment debtor.

(2) The amount of the judgment creditor's lien created under this article.

Here, Defendant is not seeking an order that Plaintiff’s rights to money or property be applied to the satisfaction of DCSS’ lien.  Rather, Defendant is seeking to postpone disbursement of the settlements funds until Plaintiff settles DCSS’ lien.  Plaintiff does not oppose this request and is currently attempting to settle the lien with DCSS.  If Plaintiff submits to this tentative order or does not appear at hearing to object, the non-opposition will be deemed stipulation to the relief requested.  Defendant is understandably attempting to comply with its statutory obligations regarding DCSS’ lien and to avoid liability under CCP § 708.470(c). 

The unopposed motion is therefore granted.  (CCP § 128(5); see Gilman v. Dalby (2021) 61 Cal.App.5th 923, 932 n. 3 [Judgment lien statutes “are to be liberally construed.”].)  Defendant is ordered to maintain custody of the settlement funds until Plaintiff provides proof to Defendant that DCSS’ lien has been settled, or as otherwise ordered by the Court.  An Order to Show Cause Re: Status of DCSS’ lien is set for _________________ at 8:30 a.m. in this Department.

Defendant is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 25^th day of October 2022