Judge: Gary Y. Tanaka, Case: 19TRCV00817, Date: 2022-10-10 Tentative Ruling
Case Number: 19TRCV00817 Hearing Date: October 10, 2022 Dept: B
LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT
Honorable Gary Y. Tanaka Monday, October 10, 2022
Department B Calendar No. 4
PROCEEDINGS
Riviera Place, LLC v. Theodore N. Moon, et al.
19TRCV00817
Riviera Place, LLC’s Motion for Assignment Order
TENTATIVE RULING
Riviera Place, LLC’s Motion for Assignment Order is granted.
Background
Plaintiff filed its Complaint on September 16, 2019. Plaintiff alleges the following facts. This is an action for breach of a commercial lease agreement wherein Defendant leased property at Riviera Shopping Center, commonly known as 1767 South Elena Avenue, Redondo Beach, California 90277. On October 15, 2020, default judgment was entered in favor of Plaintiff and against Defendant in the sum of $69,447.95.
Motion for Assignment Order
Pursuant to CCP § 708.510(a), a judgment creditor may order the judgment debtor to assign to the creditor all or part of a right to payment due or to become due.
Factors for the court to consider are listed in CCP § 708.510(c).
(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 amount remaining due on the money judgment.
(4) The amount being or to be received in satisfaction of the right to payment that may be assigned.
Here, judgment creditor has established that judgment debtor is due a right to payment. (Decl., Marta Rosa, ¶¶ 9, 10, 12.) Thus, judgment creditor’s Motion for Assignment Order and for Order Restraining Judgment Debtor is granted pursuant to Code of Civil Procedure §§ 708.510 and 708.520.
The right to payment due or to become due to judgment debtor from “Obligors” – defined as any and all persons and/or entities from whom (or which) monies are currently due or may become due to the Judgment Debtor - including, without limitation, Obligor LBSECOND, INC. - is assigned to judgment creditor to the extent necessary to pay the judgment. Judgment debtor is restrained from assigning or otherwise disposing of the right to payment that is sought to be assigned.
Judgment creditor is ordered to give notice of this ruling.