Judge: David Sotelo, Case: 20STCV07057, Date: 2022-09-21 Tentative Ruling
Case Number: 20STCV07057 Hearing Date: September 21, 2022 Dept: 40
MOVING PARTY: Judgment Creditor
Swift Financial, LLC, as Servicing Agent for WebBank.
Swift Financial,
LLC—Judgment Creditor in LASC Action No. 20CHCP00260, Swift Financial, LLC
as Servicing agent for WebBank v. Pavel Mnatsakanyan, et al.—brings this
unopposed Motion for Assignment seeking a Court Order assigning the $79,830.46
accepted in settlement by Plaintiff Mnatsakanyan in this lemon law action (LASC
No. 20STCV07057) to Swift Financial pursuant to Code of Civil
Procedure section 708.510—permitting the assignment to a judgment creditor of
certain types of payments due to a judgment debtor.
Legal Standard: “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 …
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) [w]ages due from the federal government that
are not subject to withholding under an earnings withholding order,” “(2) [r]ents,”
“(3) [c]ommissions,” “(4) [r]oyalties,” “(5) [p]ayments due from a patent or
copyright,” and “(6) [i]nsurance policy loan value” (Code Civ. Proc., §708.510,
subds. (a)(1)-(6).)
In determining whether an assignment order should be issued,
the Court should consider (1) the reasonable requirements of a judgment debtor
who is a natural person and any dependents of the judgement debtor; (2) other
payments the judgment debtor must make in satisfaction of other judgments and
wage assignments; (3) the amount remaining to be due on this judgment; and (4)
the amount of the right to payment that is being assigned to the creditor. (Code
Civ. Proc., §708.510, subds. (c)(1)-(4).)
Analysis: Swift Financial seeks a Court Order providing
that Swift Financial must be
assigned the $79,830.46 award accepted
by Plaintiff in this action in lieu of Mnatsakanyan owing Swift Financial $109,020.59
pursuant to a judgment in LASC Action No. 20CHCP00260. (See Mot., 1:20-2:13,
5:7-6:7, Ex. B [Judgment in 20CHCP00260].) The Motion is unopposed by Plaintiff
Mnatsakanyan. (See Docket generally.) The Court GRANTS Swift Financial’s
Motion for Assignment because:
(1) Swift Financial is owed an outstanding judgment by Plaintiff Mnatsakanyan in the amount of $109,020.59
pursuant to a judgment in LASC Action No. 20CHCP00260 (see Mot., Ex. B
[Judgment in 20CHCP00260]);
(2) Swift Financial
has made an application for the assignment of the $79,830.46 award accepted by
Plaintiff Mnatsakanyan in this lemon law action in lieu of the outstanding
judgment owed by Mnatsakanyan to Swift Financial in the 20CHCP00260 action (see
Mot. generally);
(3) Without
consideration to future developments, the $79,830.46 award is to become due
upon entry of settlement, scheduled to take place on or around November 10,
2022 (see Jun. 14, 2022 Notice of Settlement & Jun. 15, 2022 Minutes, OSC
re: Dismissal);
(4) A money judgment
is similar to the type of assignable payments recoverable pursuant to Code of
Civil Procedure section 708.510, subdivisions (a)(1)-(6) and is thus within the
statute’s ambit (Code Civ. Proc., § 708.510, subd. (a) [“… court may order the
judgment debtor to assign to the judgment creditor or to a receiver … all or
part of a right to payment due or to become due … including but not limited to
the following types of payments: (1) [w]ages …,” etc.]);
(5) The Motion is
unopposed by Plaintiff for which reason the Court has no grounds to consider
whether Mnatsakanyan has dependents or owes other debts (see Code Civ.
Proc., §708.510, subd. (c)(1)-(2)); and
(6) The 100% assignment is proper in lieu of the outstanding judgment owed by Mnatsakanyan to Swift
Financial in LASC Action No. 20CHCP00260 (see Mot., Ex. B) even though this
Order would effect a complete divestment of Mnatsakanyan’s entitlement to his $79,830.46 award, to be paid to Swift Financial to cover a portion of the
$109,020.59 outstanding judgment in LASC Action No. 20CHCP00260.
Swift Financial, LLC’s Motion for Assignment (of Settlement
in this Litigation) (and as servicing agent for WebBank) is GRANTED, in Full,
in the amount of $79,830.46 because (1)
Mnatsakanyan owes Swift Financial an outstanding judgment of $109,020.59 in
LASC Action No. 20CHCP00260, (2) Swift Financial has made an application for
assignment, (3) the award in this action is set to be entered by settlement on
November 10, 2022, (4) the requested assignment is within the ambit of Code of
Civil Procedure section 708.510, (5) the Motion is unopposed by Mnatsakanyan,
and (6) the 100% assignment completely divesting Mnatsakanyan of the $79,830.46 award in this lemon law action is
proper in lieu of the outstanding judgment against Mnatsakanyan in LASC Action
No. 20CHCP00260.
This Assignment
Order is conditional on the finalization of settlement between Mnatsakanyan and
Mercedez-Benz USA, to take place on or around November 10, 2022, and before
which the Court is unlikely to enter any award.