Judge: Joel L. Lofton, Case: 21GDCV00984, Date: 2023-10-03 Tentative Ruling

Case Number: 21GDCV00984    Hearing Date: November 7, 2023    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      November 7, 2023                              TRIAL DATE: January 24, 2023

CASE:                         WESTERN SAGES FOUNDATION v. LAN HUA KU

CASE NO.:                 21GDCV00984

MOTION FOR ORDER

MOVING PARTY:               Plaintiff Western Sages Foundation (“Plaintiff”)

RESPONDING PARTY:      Defendant Lan Hua Ku (“Defendant”)

SERVICE:                              Filed October 10, 2023

OPPOSITION:                       Filed October 23, 2023

RELIEF REQUESTED

             Plaintiff moves for an order assigning the rent Defendant receives for property she owns at 13801 Pacific Avenue #17, Baldwin Park, California, 91706.

TENTATIVE RULING

            Plaintiff’s motion for an order assignment payment is continued for 10 days.

            Defendant is ordered to file a signed declaration.

DISCUSSION

            Judgment was entered by directed verdict for Plaintiff and against Defendant for $16,150 in unpaid rent on February 24, 2023.

            “(a) Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor or to a receiver appointed pursuant to Article 7 (commencing with Section 708.610) all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments, including but not limited to the following types of payments: [¶] (1) Wages due from the federal government that are not subject to withholding under an earnings withholding order. [¶] (2) Rents. [¶] (3) Commissions. [¶] (4) Royalties. [¶] (5) Payments due from a patent or copyright. [¶] (6) Insurance policy loan value. [¶] (b) The notice of the motion shall be served on the judgment debtor. Service shall be made personally or by mail.”

            Plaintiff seeks an order assigning payments due to Defendant based on rental fees obtained from her condominium located at 13801 Pacific Avenue #17, Baldwin Park, California, 91706. (Bayley Decl. ¶ 2a.) Plaintiff provides that Defendant’s Ke-Chen Ku collects the rent for the property. (Id. ¶ 2d.) Plaintiff provides that the rental rate is $1900 with $205 per month due for HOA fees. (Id. ¶ 2b-c.)

            In opposition, Defendant argues that the rent is necessary to support her and her husband. Defendant provides that her net monthly income is $2,424.83, which includes $1000 from social security benefits and $1,424.83 in net rent. Defendant asserts that her monthly expenses are $2,486.41. However, this court notes that Defendant’s declaration is not signed.

Code of Civil Procedure section 708.510, subdivision (c)(1), provides that a court may consider various factors related to an order for assignment, included “[t]he reasonable requirements of a judgment debtor who is a natural person and of persons supported in whole or in part by the judgment debtor.” In the present circumstance, there is a conflict between Plaintiff’s entitlement to the judgment amount and Defendant’s need to support herself and her spouse. However, since Defendant’s declaration is unsigned, this motion is continued, and Defendant is ordered to file a signed declaration.

CONCLUSION

            Plaintiff’s motion for an order assignment payment is continued for 10 days.

            Defendant is ordered to file a signed declaration.

Dated:   November 7, 2023                                         ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court