Judge: Gary I. Micon, Case: 22CHCV01220, Date: 2024-01-26 Tentative Ruling
Case Number: 22CHCV01220 Hearing Date: January 26, 2024 Dept: F49
Dept. F-49
Date: 1-26-24
Case # 22CHCV01220
Trial Date: N/A
MOTION FOR ASSIGNMENT ORDER
MOVING PARTY: Plaintiff
and Judgment Creditor Circle A Medical
RESPONDING
PARTY: No response has been filed
RELIEF
REQUESTED
Plaintiff and
Judgment Creditor requests that the rights to payments due to Defendant and
Judgment Debtor from various entities be assigned to Judgment Creditor
SUMMARY OF
ACTION
On February 17,
2023, default judgment was entered in favor of Plaintiff and Judgment Creditor
Circle A Medical (Judgment Creditor) in the amount of $50,110.41 against
Defendant and Judgment Debtor Davit Hakobyan d/b/a Sweet Touch Hospice
(Judgment Debtor).
By way of this
motion for assignment, Judgment Creditor is requesting that the Court assign to
it, to the extent necessary to fully pay and satisfy the judgment with all
accrued interest and post judgment costs, the rights to payments due or to
become due to Judgment Debtor from the following entities:
1. AARP, 601 E Street, NW, Washington DC
20049 (c/o C T Corporation, 330 N Brand Blvd, Glendale, CA 91203)
2. Blue Cross of California Partnership
Plan, LLC (c/o Douglas a Schur) 21555 Oxnard St, Woodland Hills, CA 91367
3. Blue Cross of California, 21215 Burbank
Blvd., Woodland Hills, CA 91362 (c/o C T Corporation, 330 N Brand Blvd,
Glendale, CA 91203)
4.
Blue Shield of California, c/o Seth Jacobs, 50 Beale St, San Francisco, CA
94105
5. CVS CareMark Advanced Technology
Pharmacy, L.L.C located at 1 CVS Drive, Woonsocket, Rhode Island 02895 (c/o C T
Corporation, 330 N Brand Blvd, Glendale, CA 91203)
6. Express Scripts - One Express Way, HQ
2E04, St. Louis, MO 63121 (c/o C T Corporation, 330 N Brand Blvd, Glendale, CA
91203)
7. Humana Inc 500 West Main Street,
Louisville, KY 40202 (c/o C T Corporation, 330 N Brand Blvd, Glendale, CA
91203)
8. Medi-Cal, c/o Medi-Cal Managed Care
Division, P.O. Box 997413, MS 4400, Sacramento, CA 95899-7413.
9. Medicare c/o Centers for Medicare
&Medicaid Services, P.O. Box 39, Lawrence, KS 66044 and 7500 Security
Boulevard, Baltimore, Maryland 21244-1850.
10. Navitus Health Solutions, LLC, 361
Integrity Drive, Madison, WI 53717 (c/o C T Corporation, 330 N Brand Blvd,
Glendale, CA 91203)
11. OptumRx, Inc - 2300 Main Street, MS
CA134-0501, Irvine, CA 92614 (c/o C T Corporation, 330 N Brand Blvd, Glendale,
CA 91203)
12. Silverscript Insurance Company, c/o
CVS Caremark Corporation, 1 CVS Drive, Woonsocket, Rhode Island 02895
RULING: Granted
CCP § 708.510 authorizes
the Court to issue an order directing a judgment debtor to assign to a judgment
creditor or a receiver all or part of a right to payment due or to become due
to the judgment debtor. The right to payment should be assigned only to the
extent necessary to satisfy the creditor’s money judgment and that, where part
of the payments are exempt, the amount of the payments assigned should not
exceed the difference between the gross amount of the payments and the exempt amount.
(CCP§708.510(c), (d), (e) and (f).)
The balance of
the judgment accrues at a rate of 10% per annum. (CCP § 685.010(a).) The Court
may order assignment of the right to payment in an amount necessary to pay off
the judgment in full, including accrued interest.
Based on the
foregoing, the Court issues an order assigning Judgment Debtor’s right to
payment from the above named entities to Judgment Creditor to satisfy the
judgment of $50,110.41 and any interest that accrues until the judgment is paid
in full.
Moving party to
give notice.