Judge: John J. Kralik, Case: 23BBCV01762, Date: 2024-06-28 Tentative Ruling
Case Number: 23BBCV01762 Hearing Date: June 28, 2024 Dept: NCB
North
Central District
|
Patterson
dental supply, inc., Plaintiff, v. KRIKOR BARDAKJIAN DDS,
LLC, et al., Defendants. |
Case No.: 23BBCV01762 Hearing Date: June 28, 2024 [TENTATIVE] order RE: motion for turnover order in aid of
execution |
BACKGROUND
A.
Allegations and Relevant Background
On August 2, 2023, Plaintiff
Patterson Dental Supply, Inc. (“Plaintiff”) filed a complaint against
Defendants Krikor Bardakjian DDS, LLC, a limited liability company dba Krikor
Bardakjian, DDS, a California professional corporation and Krikor Bardakjian,
an individual dba Muse Dental Group, alleging causes of action for: (1) breach
of contract; (2) open book account; (3) account stated; and (4) unjust
enrichment. Plaintiff alleges that it
entered into a written agreement for the purchase of dental equipment with
Defendants. Plaintiff alleges that the
equipment has remained in Defendants’ possession, but Defendants have failed to
make monthly payments when due and owing.
Plaintiff alleges that Defendants owe $124,684.46, plus interest at 18%
per annum from July 8, 2022 to July 1, 2023 in the amount of $22,012.89, plus
interest at 18% per annum from July 1, 2023 to the present.
On February 9, 2024, the default of Defendants
was entered.
On March 4, 2024, default judgment
was entered against Defendants in the amount of $124,584.46 in damages,
$3,136.84 in attorney’s fees, and $653 in costs, for a total amount of
$128,474.30 (the request for prejudgment interest at 18% was stricken).
A notice of entry of judgment was
filed on March 11, 2024. That same day,
a writ of execution (money judgment) was entered against Defendants in the
amount of $128.514.30.
On March 22, 2024, an abstract of
judgment was entered.
B.
Motion on Calendar
On April 9, 2024, Plaintiff/Judgment
Creditor filed a motion for a turnover order in aid of execution.
The Court is not in receipt of an
opposition brief.
LEGAL STANDARD
CCP § 699.040 states:
(a) If a writ of
execution is issued, the judgment creditor may apply to the court ex parte, or
on noticed motion if the court so directs or a court rule so requires, for an
order directing the judgment debtor to transfer to the levying officer either
or both of the following:
(1) Possession of
the property sought to be levied upon if the property is sought to be levied
upon by taking it into custody.
(2) Possession of
documentary evidence of title to property of or a debt owed to the judgment
debtor that is sought to be levied upon. An order pursuant to this paragraph
may be served when the property or debt is levied upon or thereafter.
(b) The court may
issue an order pursuant to this section upon a showing of need for the order.
(c) The order
shall be personally served on the judgment debtor and shall contain a notice to
the judgment debtor that failure to comply with the order may subject the
judgment debtor to arrest and punishment for contempt of court.
(CCP § 699.040.)
CCP § 700.030 states: “Unless
another method of levy is provided by this article, to levy upon tangible
personal property in the possession or under the control of the judgment
debtor, the levying officer shall take the property into custody.”
CCP § 680.370 defines
“tangible personal property” to include “chattel
paper, documents of title, instruments, securities, and money.”
DISCUSSION
Plaintiff moves
for an order directing Judgment Debtor Krikor Bardakjian, an individual dba
Muse Dental Group (“Dr. Bardakjian”) to transfer to the Sheriff of the County
of Los Angeles, possession of his stock certificates, voting trust
certificates, and other documents evidencing his ownership in Noho Dental Group
by Dr. Bardakjian DDS Inc., a California corporation (“Noho Dental Group”).
Here,
a writ of execution was entered on March 11, 2024. Plaintiff thereafter filed this motion on
April 9, 2024, seeking an order to directing Dr. Bardakjian to transfer to the
levying officer possession of personal property and documentary evidence of
title to personal property in Noho Dental Group. Specifically, the property ought to be turned
over are stock certificates, voting trust certificates, and other documents
evidencing Dr. Bardakjian’s ownership in Noho Dental Group, which constitutes
tangible personal property. (See CCP §§
699.040(a), 700.030, 680.370.)
Plaintiff argues that it is in need of
this order because Dr. Bardakjian has not voluntarily made any payments on the
March 4, 2024 default judgment, which has precluded Plaintiff from properly
collecting on the judgment. (CCP §
699.040(b).) Plaintiff believes there is
no other possibility of recovery other than Dr. Bardakjian’s ownership interest
in Noho Dental Group. Plaintiff’s
counsel, Lisa E. Spiwak, states in her declaration that it is believed that Dr.
Bardakjian is the CEO, Secretary, CFO, and Director of Noho Dental Group. (Spiwak Decl., ¶3, Ex. 1 [Secretary of State
Statement of Information].) She states
that upon information and belief, Dr. Bardakjian has no other assets subject to
immediate execution and that his principal asset is his ownership in Noho
Dental Group. (Id., ¶6.)
Based
on the moving papers and counsel’s declaration, the Court finds that Plaintiff
has established its burden on this motion.
As such, the motion for a turnover order in aid of execution is granted.
CONCLUSION
AND ORDER
Judgment Creditor/Plaintiff Patterson
Dental Supply, Inc.’s motion for a turnover order in aid of execution is granted.
Pursuant to CCP § 699.050(c), Plaintiff
is ordered to personally serve this order on the judgment debtor with a notice
that failure to comply with the order may subject the judgment debtor to arrest
and punishment for contempt of court.
DATED: June 28, 2024 ___________________________
John
Kralik
Judge
of the Superior Court