Judge: Cherol J. Nellon, Case: 21STCV18323, Date: 2024-02-27 Tentative Ruling

Case Number: 21STCV18323    Hearing Date: February 27, 2024    Dept: 14

Calderon v. Paredes

Case Background

On May 17, 2021, Plaintiff Luis Calderon filed his Complaint for Violations of the Unruh Act against Defendants Edgardo Paredes as Trustee of the Francisco Edgardo Paredes & Claudia S. Zevallos Living Trust (“Paredes”) and DOES 1-10.

On November 23, 2021, the default of Defendant Paredes was entered.

On June 16, 2022, this court entered default judgment against Defendant Paredes and in favor of Plaintiff, awarding $11,915.60. On the same date, this court ordered that Defendant DOES 1-10 be dismissed.

On June 28, 2022, Plaintiff/Judgment Creditor assigned the judgment to his counsel, the law firm of Calhoun & Associates, for collection.

Instant Motion

            Judgment Creditor now moves this court for an order instructing Judgment Debtor Paredes to assign their interest in any rent payments due from the tenants of 3633 Slauson Avenue, Maywood, California 90270. Judgment Creditor seeks to have this interest assigned to himself, to the extent necessary to pay the debt. Additionally, Judgment Creditor seeks an order restraining Judgment Debtor Paredes from otherwise disposing of its right to rent payment.

Decision

The motion is GRANTED.

Governing Statute

Code of Civil Procedure § 708.510 provides in relevant part:

“(a) 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 due 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.

(b) The notice of the motion shall be served on the judgment debtor. Service shall be made personally or by mail.

(c) Subject to subdivisions (d), (e), and (f), in 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.

(d) A right to payment may be assigned pursuant to this article only to the extent necessary to satisfy the money judgment.”

Discussion

            The entire amount remains due on the money judgment. (Declaration of Shiv Samtani ¶¶ 7, 14). Defendant has attempted to levy on the rent payment and the tenant has refused to comply with the levy. The property is a retail shopping plaza with multiple commercial tenants. (Id. ¶ 11). Loss of the rent required to pay this judgment is not likely to be a large portion of the yearly receipts of the property, such that it will deprive any natural person of support. The motion is GRANTED.