Judge: Jon R. Takasugi, Case: 24STCV13366, Date: 2025-03-04 Tentative Ruling

Case Number: 24STCV13366    Hearing Date: March 4, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion for a post-judgment turnover order is GRANTED.

            On 5/29/2024, Plaintiff Blue Bridge Financial, Inc. (Plaintiff or Judgment Creditor) filed suit against Merexmortals, Inc., Adde Issagholi, and MSM NV, Inc. (collectively Defendants or Judgment Debtors), alleging: (1) breach of equipment financing agreement; (2) recovery of personal property; (3) conversion; and (4) breach of guaranty. 

            On 1/22/2024, Plaintiff moved for a post-judgment turnover order.

            The motion is unopposed.

Discussion

            Plaintiff seeks a post-judgment turnover order in aid of enforcement of judgment against Judgement Debtors.

            On 11/21/2024, the Court awarded Plaintiff immediate possession of the disputed commercial equipment. Despite this order, the equipment has not been returned, and Judgment Debtors have refused to abide by the judgment.

            CCP section 699.040 provides:

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.

            Here, Plaintiff provided notice of this order, and has shown a need for the order. (See Scott Decl.)

            Based on the foregoing, Plaintiff’s motion for a post-judgment turnover order is granted.

It is so ordered.

Dated:  March    , 2025

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.