Judge: Curtis A. Kin, Case: BS136816, Date: 2023-05-11 Tentative Ruling

Case Number: BS136816    Hearing Date: May 11, 2023    Dept: 72

MOTION FOR ASSIGNMENT ORDER

Date:               5/11/23 (8:30 AM)

Case:               Thomas Jefferson University v. Henry H. Duke (BS136816)

TENTATIVE RULING:

Judgment Creditor Thomas Jefferson University’s UNOPPOSED Motion for an Assignment Order is GRANTED.

Judgment creditor seeks an assignment of 25% of judgment debtor Henry H. Duke’s income.

As an initial matter, such an order is to be sought on noticed motion. The moving papers were served on debtor by mail at 117 Pinestone, Irvine, CA 92084. This address corresponds to the address on a banking statement dated 11/1/22 through 11/30/22. (Sampson Decl. ¶ 7 & Ex. 5.) The motion was properly served on debtor, as required by CCP § 708.510(b).

With respect to the relevant factors in determining whether to issue an assignment order (see CCP § 708.150(c)), the outstanding amount of the judgment is now $234,375.97 ($159,961.16 renewal of judgment + $74,418.81 [10% interest from 9/15/18 to 5/10/23 - $43.82/day x 1,698 days]; see also Sampson Decl. ¶ 12). Debtor has not made any payment on the judgment. (Sampson Decl. ¶ 17.)

The proposed assignment order seeks 25% of debtor’s income. (Id. ¶ 8 & Ex. 6 at 2:1-5.) Considering that 25% withheld in wage garnishments (CCP § 706.050(a)(1)), the percentage is reasonable. The proposed assignment order is effective only to the extent that the judgment remains unsatisfied. (Id. ¶ 8 & Ex. 6 at 2:17-21.)

The proposed assignment order requires debtor to submit quarterly reports to the Court and creditor’s counsel to account for monies received and paid under the order. (Id. ¶ 8 & Ex. 6 at 2:13-16.) The order also creates a constructive trust in the proceeds assigned to creditor. (Id. ¶ 8 & Ex. 6 at 2:18-19.)

Debtor did not oppose the motion. Debtor has not indicated how the proposed assignment order is unreasonable.

Based on the foregoing, the assignment order is reasonable. The motion is GRANTED. The Court will issue the Assignment Order, attached as Exhibit 6 to the Exhibit List re Motion for an Assignment Order.