Judge: Edward B. Moreton, Jr., Case: 21SMCV01344, Date: 2024-06-14 Tentative Ruling
Case Number: 21SMCV01344 Hearing Date: June 14, 2024 Dept: 205
Superior Court of California
County of Los Angeles – West District
Beverly Hills Courthouse / Department 205
SHLOMO MEIRI, et al.,
Plaintiffs, v.
NIDE, LP, et al.,
Defendants. |
Case No.: 21SMCV01344
Hearing Date: June 14, 2024 [TENTATIVE] ORDER RE: JUDGMENT CREDITOR NIDE LP’S MOTION TO ENFORCE JUDGMENT LIEN
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BACKGROUND
Judgment Creditor Nide LP obtained a judgment against Judgment Debtors Shlomo Mieri and Mino Meiri (“Debtors”) on November 30, 2023, in the amount of $166,715.30. An abstract was filed on February 27, 2024, and recorded in Los Angeles County on March 12, 2024. Nide filed a notice of lien in this matter on March 19, 2024 and served Debtors via USPS mail the same day. On March 19, 2024, after learning of this pending lawsuit against it by Judgment Debtors, Nide filed a notice of lien in this current pending matter which was eventually settled for a one time payment of $40,000. As of today, Nide’s judgment remains unpaid and its lien in this matter unsatisfied. This hearing is on Nide’s motion to enforce its judgment lien. There was no opposition filed as of the posting of this tentative ruling.
LEGAL STANDARD
“A judgment creditor who has a money judgment against a judgment debtor who is a party to a pending action or special proceeding may obtain a lien under this article, to the extent required to satisfy the judgment creditor’s money judgment, on both of the following: (1) Any cause of action of such judgment debtor for money or property that is the subject of the action or proceeding. (2) The rights of such judgment debtor to money or property under any judgment subsequently procured in the action or proceeding.” (Code Civ. Proc., § 706.410, subd. (a).)
“To obtain a lien . . . , the judgment creditor shall file a notice of lien and an abstract or certified copy of the judgment creditor’s money judgment in the pending action or special proceeding.” (Code Civ. Proc., § 706.410, subd. (b).)
“If the judgment debtor is entitled to money or property under the judgment in the action or special proceeding and a lien created under this article exists, upon application of any party to the action or special proceeding, the court may order that the judgment debtor’s rights to money or property under the judgment be applied to the satisfaction of the lien created under this article as ordered by the court. Application for an order under this section shall be on noticed motion. The notice of motion shall be served on all other parties. Service shall be made personally or by mail.” (Code Civ. Proc., § 708.470, subd. (a).)
DISCUSSION
Nide has satisfied all the requirements for enforcement of a judgment lien. Nide obtained a judgment against Debtors on November 30, 2023 in Case No. 21SMCV00771, in the amount of $166,715.30. (Betty Decl. ¶ 2.) Nide filed an abstract of the judgment on February 27, 2024 which was recorded in Los Angeles County on March 12, 2024. (Id. ¶ 2.) Nide filed a valid notice of lien in this matter on March 19, 2024 and served the notice on Debtors in this matter via USPS mail the same day. (Id. ¶ 3.) Debtors received a $40,000 settlement in this matter. (Id.) Accordingly, Nide is entitled to a lien on the $40,000 settlement received by Debtors in this case.
CONCLUSION
Based on the foregoing, the Court GRANTS Nide LP’s motion to enforce judgment lien.
IT IS SO ORDERED.
DATED: June 14, 2024 ___________________________
Edward B. Moreton, Jr.
Judge of the Superior Court