Judge: John J. Kralik, Case: 19BBCV00384, Date: 2024-07-26 Tentative Ruling

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Case Number: 19BBCV00384    Hearing Date: July 26, 2024    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.    Allegations

Plaintiffs William Farmer and Jennifer Farmer (“Plaintiffs”) allege that on April 4, 2018, they entered into a written Promissory Note agreement with Defendant Lisa Thelma Long (“Defendant”).  Plaintiffs allege that on April 20, 2018, Defendant failed to repay the loan.  Plaintiffs allege that they suffered $50,000 plus interest at the legal rate of $10% since April 4, 2018. 

The complaint, filed May 9, 2019, alleges causes of action for: (1) breach of contract; (2) common counts; and (3) fraud.

B.     Relevant Background

On September 10, 2019, the default of Defendant was entered.

On August 11, 2020, default judgment was entered against Defendant in the amount of $109,073.00. 

On August 13, 2020, Plaintiffs filed a writ of execution (money judgment) for the amount of $109,157.76, which was returned and filed on August 14, 2020.  On January 7, 2021, Plaintiffs filed a writ of execution (money judgment) for the amount of $113,008.64.  On March 30, 2021, Plaintiffs filed an Abstract of Judgment.  On June 4, 2024, Plaintiffs filed a writ of execution (money judgment) for the amount of $150,267.46.

C.     Motion on Calendar

On June 21, 2024, Plaintiff filed a motion for an order assigning Defendant’s interest in earnings. 

The Court is not in receipt of an opposition brief.

LEGAL STANDARD

CCP § 695.010(a) states: “Except as otherwise provided by law, all property of the judgment debtor is subject to enforcement of a money judgment.”

CCP § 708.510 provides in relevant part:

(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.

(c) Subject to subdivisions (d), (e), and (f), in determining whether to order an assignment or the amount of an assignment pursuant to subdivision (a), the court may take into consideration all relevant factors, including the following:

(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.

(d) A right to payment may be assigned pursuant to this article only to the extent necessary to satisfy the money judgment.

(CCP § 708.510(a)-(d).)

            “When an application is made pursuant to Section 708.510 or thereafter, the judgment creditor may apply to the court for an order restraining the judgment debtor from assigning or otherwise disposing of the right to payment that is sought to be assigned. The application shall be made on noticed motion if the court so directs or a court rule so requires. Otherwise, it may be made ex parte.”  (CCP § 708.520(a).)   “The court may issue an order pursuant to this section upon a showing of need for the order. The court, in its discretion, may require the judgment creditor to provide an undertaking.”  (CCP § 708.520(b).)  “The court may modify or vacate the order at any time with or without a hearing on such terms as are just.”  (CCP § 708.520(c).)

DISCUSSION

            Plaintiffs/Judgment Creditors move for an assignment order against Defendant, assigning Defendant’s interest in any earnings for acting and/or directing in any performance, whether television, movies, commercials, plays, or other forms of media and all payment thereunder, to Plaintiffs to the extent necessary to pay the judgment in full, including interest thereon.  Plaintiffs also seek an order restraining Defendant, any agent, employee, or attorney of Defendant, whether alone or in concert, from encumbering, assigning, disposing or spending her interest in the right to be assigned listed above.

            In support of the motion, Plaintiffs provide the declaration of counsel Derek L. Tabone. Mr. Tabone states that nothing has been collected on the default judgment entered on August 14, 2020.  (Tabone Decl., ¶¶4-5.)  He states that the most recent writ of execution issued on June 4, 2024 is for the amount of $150,267.46.  (Id., ¶6.)  Counsel states that Defendant is, among other things, an actress who does work in commercials, movies, and television shows and her IMDB website shows that she has worked in multiple movies or television shows every year, as well as doing voice overs in over 170 commercials.  (Id., ¶¶7-8, Ex. C.)  The website states that Defendant has 3 theatrical agents: Stewart Talent, Elev8, and Taylor Talent Services.  (Id., ¶9.)  Plaintiffs seek an order assigning all of Defendant’s right to payment for her movie, television, and commercial work until Defendant’s judgment has been paid.  (Id., ¶10.) 

The Court considers the factors under CCP § 708.510(c).

First, Defendant is a natural person.  There is no information on whether she is supporting any other persons. As the motion is unopposed, Defendant has not provided any statements that she is supporting any other persons.

Second, it does not appear that Defendant has made any effort to make payments towards the judgment.  According to Mr. Tabone (Plaintiffs’ counsel), the judgment is still unpaid.  Plaintiffs have not indicated whether there are any other assignment orders or wage assignments, etc. and Defendant has not filed an opposition to provide such information. 

Third, Plaintiffs argue that Defendant owes $150,267.46, based on the June 4, 2024 writ of execution. 

            Fourth, Plaintiffs seek an assignment of Defendant’s right to payment for her movie, television, and commercial work until Defendant’s judgment has been paid.  The approximate amount of how much Defendant is paid for her acting work is not provided. 

Since the judgment has not been satisfied and the motion is not opposed, there are grounds to issue an assignment order pursuant to CCP § 708.510.  The Court hereby grants Plaintiffs’ request for assignment orders. 

CONCLUSION AND ORDER

Plaintiffs William Farmer and Jennifer Farmer’s motion for an order assigning Defendant Lisa Thelma Long’s interest in her earnings from her movie, television, and commercial work is granted.  Defendant, as well as any agent, employee, or attorney of Defendant, whether alone or in concert, shall be restrained from encumbering, assigning, disposing or spending her interest in the aforementioned earnings.

Plaintiffs shall give notice of this order. 

DATED: July 26, 2024                                                           ___________________________

                                                                                          John Kralik

                                                                                          Judge of the Superior Court