Judge: Donald F. Gaffney, Case: "Inga v. Assent Mortgage, LLC", Date: 2023-08-23 Tentative Ruling

TENTATIVE RULING:

Plaintiff/Judgment Creditor Maria Inga’s Motion for Assignment Order

Plaintiff/Judgment Creditor Maria Inga moves for assignment order assigning all interest and right to payments due to Judgment Debtor Assent Mortgage, LLC, for certain loans/mortgages and restraining order enjoining Judgment Debtor Assent Mortgage, LLC, and any agent thereof from assigning, encumbering, or otherwise disposing of any interest or right to payments from those loans and from interfering in any way with or attempting to dissuade any borrower from making payments to Plaintiff’s attorney. Judgment Debtors file no opposition. For the following reasons, the unopposed motion for assignment order and restraining order is GRANTED.

On 09/09/2022, this court entered judgment in favor of Judgment Creditor and against Defendants/Judgment Debtors Assent Mortgage, LLC, and Mahyar Kazemi aka Matt Kazemi [ROA 242]. Notice of Entry of Judgment was served on Defendants the same day. (See 09/09/2022 Proof of Service [ROA 244].) Judgment remains unpaid despite multiple efforts to collect on the judgment (Singh Decl. ¶¶ 5-6). Defendant Assent is liable for $529,262.49 plus post-judgment interest in the amount of $26,535.62 as of 07/06/2023. (Id. at ¶ 2.)

Notice

The court finds sufficient proof of service of notice of motion and moving papers on Judgment Debtors Assent Mortgage, LLC (“Assent”) and Mahyar Kazemi aka Matt Kazemi. “Notice of the motion for assignment of rights is only required to be given to the judgment debtor . . . [citing Code Civ. Proc., § 708.510(b)], and the statute provides procedures for a judgment debtor to claim that all of, or part of, a right to payment is exempt from enforcement. See Cal.Code Civ. P. § 708.550(a); § 703.520.” (Greenbaum v. Islamic Republic of Iran (C.D. Cal. 2008) 782 F.Supp.2d 893, 895-896.) In other words, notice need not be given to the actual or potential obligors of the judgment debtor. In Kracht v. Perrin, Gartland & Doyle, the court explained that: “Code of Civil Procedure section 708.510 does not require that notice of the motion to cause an assignment be given to the obligor of the judgment debtor. The order of assignment does not affect the obligor’s rights until notice of the order is received by the obligor. (Code Civ. Proc. § 708.540.)” (Kracht v. Perrin, Gartland & Doyle (1990) 219 Cal.App.3d 1019, 1021, n. 1.)

Here, there is proof of service on each Judgment Debtor at the addresses identified in this court’s signed order granting defense counsel’s motion to be relieved as counsel of record. (See 06/27/2023 Order [ROA 347]; 07/06/2023 Proof of Service [ROA 356].)

Property Subject to Assignment

California Code of Civil Procedure Section 708.510(a) provides a non-exhaustive list of the types of payments subject to assignment order, including wages, rents, commissions, royalties, payments due from a patent or copyright, and insurance policy loan value. (See Code Civ. Proc., § 708.510(a).) In addition, an assignment order may also include a judgment debtor’s right to any future payment and/or that are subject to levy, including accounts receivable and promissory notes secured by deeds of trust. (See Comment to Code Civ. Proc., § 708.510; see also Ahart, Cal. Prac. Guide: Enforcing Judgments and Debts (The Rutter Group 2022) ¶ 6:1432, citing same.)

Here, Judgment Creditor seeks all interest and right to payment in 40 identified loans/mortgages. (See Mot. 2:24-5:14; Singh Decl. ¶ 7(A)-(NN).)

Judgment Debtor’s Burden

The burden is on the judgment debtor to establish any exemption. (Code Civ. Proc., § 708.550(a). Code of Civil Procedure section 708.550(a) provides that:

The judgment debtor may claim that all or a portion of the right to payment is exempt from enforcement of a money judgment by application to the court on noticed motion filed not later than three days before the date set for the hearing on the judgment creditor’s application for an assignment order. The judgment debtor shall execute an affidavit in support of the application that includes all of the matters set forth in subdivision (b) of Section 703.520. Failure of the judgment debtor to make a claim of exemption is a waiver of the exemption.

(Code Civ. Proc., § 708.550(a).)

The court has broad discretion in determining whether to order an assignment. (See Code Civ. Proc., § 708.510(c) [providing the court discretion to consider “[t]he reasonable requirements of a judgment debtor who is a natural person and of personal supported in whole or in part by the judgment debtor”].) In exercising that discretion, 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 right remaining due on the money judgment; and (4) the amount being or to be received in satisfaction of the right to payment that may be assigned. (Code Civ. Proc., § 708.510(c).) “A right to payment may be assigned . . . only to the extent necessary to satisfy the money judgment.” (Code Civ. Proc., § 708.510(d).)

Additionally, “[w]here a specific amount of the payment or payments to be assigned is exempt by another statutory provision, the amount of the payment or payments to be assigned pursuant to subdivision (a) shall not exceed the amount by which the payment or payments exceed the exempt amount.” (Code Civ. Proc., § 708.510(f).)

Assignment orders can be modified or vacated by the court at any time, with or without a hearing, upon a showing of “material change in circumstances.” (Code Civ. Proc., §§ 708.520(b), (c); 708.560.)

Here, Judgment Debtors chose not to oppose the motion and, thus, do not meet their burden to show any exemption applies here.

Restraining Order

When a motion for assignment order is made, or anytime thereafter, a judgment creditor may also apply for an order restraining the judgment debtor from assigning or otherwise disposing of or encumbering the right to payment sought to be assigned. (Code Civ. Proc., § 708.520(a).) The court may issue the order merely upon a showing of need. (Code Civ. Proc., § 708.520(b).) 

Here, Judgment Creditor shows she would be severely and irreparably prejudiced in collecting on her judgment, as Judgment Debtor Assent Mortgage has evaded Plaintiff’s collection efforts while continuing to collect on its loan repayments. (Singh Decl. ¶ 10.)

Judgment Creditor is entitled to an attachment order pursuant to Code of Civil Procedure section 708.510 assigning to Judgment Creditor Maria Inga Judgment Debtor Assent Mortgage, LLC’s rights to payment due or to become due from the following borrowers:

1. Maria P. Larson, whose address is 7936 Flight Avenue, Los Angeles, California 90045.
2. Jesus M. Garcia and Rika Garcia, whose address is 512 N. Heathdale Avenue, Covina, California 91722.
3. Kiet Thong and Tracy Thong, whose address is 2536 Harmony Hill Drive, Diamond Bar, California 91765.
4. Eduardo Luna and Ruth O. Luna, whose address is 14858 Shadybend Drive, Hacienda Heights, California 91745.
5. William Munyoen Chea and Joy H. Kim, whose address is 11661 Cetona Way, Porter Ranch, California 91326.
6. Christine C. Lee, whose address is 1616 Bluebird Road, Glendora, California 91741.
7. Jesse Rodriguez and Sandra Rodriguez, whose address is 13123 Halcourt Avenue, Norwalk, California 90650.
8. Robin Kay Yoffee, whose address is 12843 Miranda Street, Valley Village, California 91607.
9. Marta Vanlandingham and Gregory D. Schillo, whose address is 3394 Cazador Court, Los Angeles, California 90065.
10. Robert J. Yapp and Ana Karina Aguiar-Yapp, whose address is 45405 Stadium Lane, Lancaster, California 93535.
11. Rose Katherine Stone, whose address is 12151 Topa Lane, Santa Paula, California 93060.
12. Joshua Watts, whose address is 617-621 South Main Street, Burbank, California 91506.
13. Martha Cortes, whose address is 9222 Rives Avenue, Downey, California 90240.
14. Steven Allard, whose address is 4602 Palo Verde Avenue, Lakewood, California 90713.
15. Alma Noche, whose address is 15755 Agosta Drive, Hacienda Heights, California 91745.
16. Adrian Delgado, whose address is 312 North Pasadena Avenue, Azusa, California 91702.
17. Paul D. Harris and Micaela Anais Harris, whose address is 5407 Pimenta Avenue, Lakewood, California 90712.
18. Thomas A. Giandomenico and Stephanie Giandomenico, whose address is 21212 East Covina Hills Road, Covina, California 91724.
19. Martin L. Nislick and Lynn O. Koff, whose address is 1547 South Oakhurst Drive, Los Angeles, California 90035.
20. Nelly Manzanares, whose address is 1434 W. Dolores Street, Wilmington, California 90744.
21. Edgar Zimora De La Torre and Shelley Nazan De La Torres, whose address is 714 Columbia Place, Torrance, California 90501.
22. Ryan A. Rienstra and Marcia K. Rienstra, whose address is 5505 Finch Street, La Verne, California 91750.
23. Maury Foster Ryan and Celeste H. Ryan, whose address is 3871 Hepburn Avenue, Los Angeles, California 90008.
24. Jesus M. Garcia, Rika Garcia, and Olga Garcia, whose address is 726 East Bickley Drive, Covina, California 91722.
25. Pamela J. Drucker and Harry JK Drucker, whose address is 4631 Buffalo Avenue, Sherman Oaks, California 91423.
26. Rose Anne Briones and Ian Peter Carandang, whose address is 20731 Exhibit Court, Woodland Hills, California 91367.
27. William L. Hamlett and Brenda G. Hamlett, whose address is 1303 Cedarview Drive, Claremont, California 91711.
28. Dorrine Nay, whose address is 30147 Via Borica, Rancho Palos Verdes, California 90275.
29. Peter J. Tigler and Nancy Cook Smith Tigler, whose address is 2019 21st Street, Santa Monica, California 90404.
30. 30. Robert L. Linthicum and Lisa M. Williams-Linthicum, whose address is 26711 Raven Road, Wrightwood, California 92397.
31. Douglas Benash and Donna Benash, whose address is 8390 Doris Avenue, San Gabriel, California 91775.
32. Oswaldo Zea and Anne Zea, whose address is 1809 N. Bellflower Blvd., Long Beach, California 90815.
33. Salvadora I. Green and Rosa Inez Sanchez, whose address is 1529 Lynton Avenue, Wilmington, California 90744.
34. Rick L. Biggs, whose address is 1519 W Avenue H1, Lancaster, California 93534.
35. Anthony R. Guereque and Yvette Guereque, whose address is 14353 Grayland Avenue, Norwalk, California 90650.
36. Zoran Sukloski and Elizabeta Skorobogac-Sukloska, whose address is 25557 Alicante Drive, Valencia, California 91355.
37. Michael Rendon, whose address is 3330-3332 Gale Avenue, Long Beach, California 90810.
38. Michael Martinez and Carla Millan, whose address is 2922 Dollar Street, Lakewood, California 90712.
39. Pisitoto Lakopo Leifi, whose address is 2360 Hayes Avenue, Long Beach, California 90810.
40. Golnoosh Ashtari, whose address is 9000 Vanalden Avenue #170, Northridge, California 91324.

This amount shall not exceed $555,798.11. (See Singh Decl. ¶ 2.)

The court further finds Judgment Creditor is also entitled to an order restraining Judgment Debtor Assent Mortgage, LLC, and its agents, employees, successor, attorneys, or any person acting by, through, under, or in concert with Judgment Debtor Assent Mortgage, LLC, from assigning, encumbering, or otherwise disposing of any interest or right to payments from the loans above, and from interfering in any way with or attempting to dissuade any borrower from making payments to Plaintiff’s attorney.

Court clerk is ordered to add in the Proposed Order the appearances made at hearing.

Plaintiff/Judgment Creditor is ordered to have personally served on Judgment Debtors the signed order.

Plaintiff/Judgment Creditor to give notice.