Judge: John J. Kralik, Case: 23BBCV02980, Date: 2025-01-24 Tentative Ruling

Case Number: 23BBCV02980    Hearing Date: January 24, 2025    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.    Allegations

Defendant Shane Weber, Individual, DBA Weber Enterprise (“W. Enterprise”) entered into written Master Equipment Finance Agreement No. MA-05402 (the “Agreement”) with Plaintiff Channel Partners Capital LLC, d/b/a Channel Partners Equipment Finance (“Channel” or “Plaintiff”) pursuant to which Plaintiff agreed to finance W. Enterprise’s purchase of certain commercial equipment. As consideration, W. Enterprise agreed to make payments on the contract and granted Plaintiff a security interest. Shane Weber guaranteed W. Enterprise’s performance. Defendants defaulted on the Agreement by failing to make the payment as agreed. Plaintiff seeks $106,371.85, plus interest from and after April 5, 2023, attorneys’ fees and costs as provided in the Agreement.

On December 15, 2023, plaintiff sued for the following: (1) breach of contract; (2) breach of guaranty; (3) recovery of personal property; (4) conversion; and (5) common count.            

B.     Relevant Background and Motion on Calendar

On April 9, 2024, the Court entered default judgment against the defendants.

DISCUSSION

            Plaintiff moves to set aside the third-party claim of exemption and undertaking of Rhonda Weber.

            The Court denies the motion because it is untimely. A creditor can object to a third party’s undertaking 10 days after a copy of the undertaking is served on the creditor. (Code Civ. Proc., § 720.140, subd. (b).) If no objection is made within the time required by statute, the beneficiary is deemed to have waived all objections except upon a showing of good cause for failure to make the objection within the time required by statute or of changed circumstances. (Code Civ. Proc., § 995.930, subd. (c.) Here, the plaintiff received a copy of the undertaking on October 26, 2024 by overnight mail. (Decl. Oswald, ¶ 4, Ex. B.) Plaintiff filed the instant motion on November 12, 2024, which is 17 days after receipt of service. (Decl. Oswald, ¶ 4, Ex. B.) That is untimely. (Code Civ. Proc., § 1005, subd. (b).) Further, Plaintiff did not show good cause or changed circumstances.

            Thus, the Court denies the motion.

CONCLUSION AND ORDER

Plaintiff Channel Partners Capital LLC, d/b/a Channel Partners Equipment Finance’s motion to vacate the third-party claim of exemption is denied.   

Plaintiff shall provide notice of this order.

DATED: January 24, 2025                                                     ___________________________

                                                                                          John J. Kralik

                                                                                          Judge of the Superior Court