Judge: Gail Killefer, Case: BC709545, Date: 2024-02-22 Tentative Ruling

Case Number: BC709545    Hearing Date: February 22, 2024    Dept: 37

HEARING DATE:                 Thursday, February 22, 2024

CASE NUMBER:                   BC709545

CASE NAME:                        Henry G. Wykowski Esq. v. Daniels Sosa et al.

MOVING PARTY:                 Plaintiff/Judgment Creditor Henry G. Wykowski

OPPOSING PARTY:             None

TRIAL DATE:                        Post Judgment

PROOF OF SERVICE:           OK

PROCEEDING:                      Motion for Charging Order of Partner’s Interest

OPPOSITION:                        None

REPLY:                                  None

TENTATIVE:                         Judgment Creditor’s Motion to charge the Frank and Pasqua Family, LP interest in satisfaction of the judgment is granted.

Judgment Debtor to give notice.

Background

On August 15, 2023, the court entered a judgment in this action in favor of Plaintiff Henry G. Wykowski and against Defendant Frank R. Chimienti and awarded Plaintiff Wykowski, $164,461.09 in damages. Plaintiff, now as the judgment debtor, moves for a charging order against the Frank and Pasqua Chimienti Family, LP.

The motion is unopposed.

motion for charging order of partner’s interest

I.         Legal Standard

CCP § 708.310 states: “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 15907.03, 16504, or 17705.03 of the Corporations Code.”

Corporations Code § 17705.03(a) states: “On application by a judgment creditor of a member or transferee, a court may enter a charging order against the transferable interest of the judgment debtor for the unsatisfied amount of the judgment. A charging order constitutes a lien on a judgment debtor’s transferable interest and requires the limited liability company to pay over to the person to which the charging order was issued any distribution that would otherwise be paid to the judgment debtor.”

II.        Discussion

Judgment Creditor, Henry G. Wykowski, moves pursuant to CCP §§ 708.310-708.320 and Corp. Code § 16504 for an order (1) charging the interest of the Judgment Debtor, Frank R. Chimienti, in a partnership known as the “Frank and Pasqua Chimienti Family, LP” with payment of the unpaid balance of the judgment entered in this action, which currently totals $173,249.07; and (2) directing the partnership and all general partners thereof to pay any money or property due or to become due to the Judgment Debtor directly to Judgment Creditor, Henry G. Wykowski, until the amount remaining due on the judgment, plus all accrued interest thereon, is paid in full.

The Judgment Creditor asserts that the Judgment Debtor was listed as a partner of the Frank and Pasqua Family, LP (LP’s File No. 201234700009) with the California Secretary of State on or near November 11, 2016. (Weston Decl. Ex. C.) The Frank and Pasqua Family, LP’s agent for service of process was served with notice of this Motion at the address provided by the California Secretary of State.

Accordingly, the unopposed Motion is granted.

Conclusion

Judgment Creditor’s Motion to charge the Frank and Pasqua Family, LP interest in satisfaction of the judgment is granted.

Judgment Debtor to give notice.