Judge: Daniel S. Murphy, Case: 21STCV25750, Date: 2024-03-25 Tentative Ruling

Case Number: 21STCV25750    Hearing Date: March 25, 2024    Dept: 32

BACKGROUND

            On July 13, 2021, Plaintiff 411 Music Group, LLC filed this action against Defendants Silverlake Sync and Rachel Nichole Brouse. The action arises from Brouse’s alleged scheme to steal Plaintiff’s proprietary information to create an identical business of her own, Silverlake Sync, to directly compete with Plaintiff and divert business from Plaintiff.

            On July 11, 2022, the Court granted Plaintiff’s application for default judgment after finding that Defendants failed to appear. The Court awarded: (a) $559,181 in damages; (b) $103,410 in prejudgment interest, plus $153.20 per day from March 7, 2022 to the date of judgment; (c) $1,743.49 in costs; (d) $7,481.81 in attorneys’ fees; and (e) interest on the judgment at a rate of 10% per annum from the date of judgment until full satisfaction of judgment.

            On February 26, 2024, Plaintiff filed the instant motion for an assignment of payment rights. Defendants have not filed an opposition.

LEGAL STANDARD

“[U]pon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor . . . all or part of a right to payment due or to become due . . . .” (Code Civ. Proc., § 708.510(a).) “A right to payment may be assigned pursuant to this article only to the extent necessary to satisfy the money judgment.” (Id., subd. (d).) “When an application is made pursuant to Section 708.510 or thereafter, the judgment creditor may apply to the court for an order restraining the judgment debtor from assigning or otherwise disposing of the right to payment that is sought to be assigned.” (Id., § 708.520(a).)

DISCUSSION

            The undisputed evidence shows the following. Brouse is the CEO and primary member of Vansa Music Group LLC (Vansa) and receives distributions therefrom. (Jen Decl. ¶ 4, Ex. B.) Brouse also receives royalties from the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI) for her music that is registered with those companies. (Id., ¶¶ 5-6, Ex. C, D.) The total balance owed to date, including interest and costs, is $786,544.45. (Id., ¶¶ 7-9.)

            Plaintiff seeks an assignment of the payments that Brouse receives from Vansa, ASCAP, and BMI to satisfy the outstanding amount. There is no opposition to the motion and no dispute as to the evidence. Therefore, an assignment is warranted.

CONCLUSION

            Plaintiff’s motion for assignment of payment rights is GRANTED.