Judge: Eddie C. Sturgeon, Case: 37-2012-00065394-CU-BC-CTL, Date: 2023-12-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 30, 2023

12/01/2023  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2012-00065394-CU-BC-CTL RUSSELL VS. MASON [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 04/21/2023

Plaintiff and Judgment Creditor Anthony Russel's unopposed Motion for a Charging Order is GRANTED.

The court is prepared to sign the proposed order after the tentative order is confirmed.

Under Code of Civil Procedure section 708.310: 'If a money judgment is rendered against a partner or member but not against the partnership or limited liability company, the judgment debtor's interest in the partnership or limited liability company may be applied toward the satisfaction of the judgment by an order charging the Judgment Debtor's interest pursuant to Section 15907.3, 16504, or 17705.03 of the Corporations Code.' Corporations Code section 17705.03(a) grants the court authority to issue a charging order that serves as a judgment lien against a Judgment Debtor's membership interest in a limited liability company. To obtain a charging order, the Judgment Creditor must show that a judgment is unsatisfied and that the Judgment Debtor has a membership interest in the limited liability company.

Here, these requirements have been met. Judgment Creditor Russell obtained a money judgment against Judgment Debtor Mason on February 5, 2018. (ROA 101.) The Judgment Debtor has a membership interest in MSW, LLC. (ROA 266, Hollander Decl., Exs. A, B.) Accordingly, the motion is granted.

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