Judge: Kevin C. Brazile, Case: 23STCV31285, Date: 2024-08-01 Tentative Ruling

Hearing Date: August 1, 2024

Case Name: H Wood Apartments, LLC, et al. v. Luxurban Hotels, Inc., et al.

Case No.: 23STCV14641

Matter: Motion for Assignment Order

Moving Party: Plaintiffs H Wood Apartments, LLC and SevenWest

Responding Party: Unopposed

Notice: OK

Ruling: The Motion is granted.

Judgment Creditors to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

On June 10, 2024, the Court entered a stipulated judgment that required Defendant LuxUrban Hotels, Inc. to ultimately pay $318,000 to Plaintiffs H Wood Apartments, LLC and SevenWest.

Plaintiffs H Wood Apartments, LLC and SevenWest now seek “an order instructing Judgment Debtor LuxUrban Hotels, Inc. . . . to assign its interest in any money and/or assets held by Roth Capital Partners, LLC, and all rights to payment thereunder, to Judgment Creditors to the extent necessary to pay Judgment Creditors’ judgment in full, including accrued interest through the date of payment.”

“An assignment order is a court order assigning to the judgment creditor or a receiver appointed pursuant to CCP § 708.610 et seq. [ ] the debtor's right to payments due from a third person. It is authorized by CCP § 708.510 et seq. [CCP § 708.510(a); see Landstar Global Logistics, Inc. v. Robinson & Robinson, Inc. (2013) 216 CA4th 378, 390, 156 CR3d 687, 697—statutory provisions re assignment orders are subject to strict construction].”  (Ahart, Cal. Prac. Guide Enf. J. & Debt (2021) Ch. 6G-5.)  “All or part of a right to payment due, or to become due, may be ordered assigned whether or not such right is conditioned upon future developments. [CCP § 708.510(a)].”  (Ibid.)

“The court has broad discretion in determining whether to order an assignment, and in fixing the amount to be assigned.”  (Ibid.)  The court may consider all relevant factors, including but not limited to: the reasonable economic needs of a natural person judgment debtor and those supported partly or wholly by the debtor; payments the judgment debtor is required to make or that are deducted in satisfaction of other judgments and wage assignments; the amount remaining due on the money judgment; and the amount remaining to be received on the right to payment.  (Code Civ. Proc. § 708.510(c).)

Because there is no opposition, the Motion is granted.  (See Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) 

Judgment Creditors to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.