Judge: Layne H. Melzer, Case: 2012-00597832, Date: 2022-10-13 Tentative Ruling

PLT Todd Leany

Motion - Other (Motion for Assignment Order)

Plaintiff/Judgment Creditor contends he is entitled to an assignment of any payments due, or to become due, to Defendant/Judgment Debtor, Doug O’Rear, from non-party, Global Retirement Partners, LLC, under CCP section 708.510, on the grounds that Defendant works as an independent contractor for GRP.  In support of its motion, Plaintiff’s counsel claims he “conducted a background check on defendant Doug O'Rear and found that he works as independent contractors for Global Retirement Partners, LLC.” (Goldsmith Decl. at ¶ 5, Exh. A.)

The trial court has broad discretion in determining whether to order an assignment and in fixing the amount. (Ahart, Cal. Practice Guide: Enforcing Judgments and Debts (The Rutter Group 2022) ¶ 6:1440, p. 6G–45.) The supporting exhibit consists of a printout from a webpage, with no information that sufficiently confirms that the “Doug O’rear” [sic] referred to in the webpage is the same Doug O’Rear against whom the subject Judgment was entered against on 2/20/13, (ROA 25). The Court has no assurance that the assignment order is properly directed at Global Retirement Partners, LLC, as the “obligor,” who could be subject to contempt for failure to obey such an order if issued. Code Civ. Proc. § 1209, subd. (a)(5).) Thus, the Court declines to exercise its discretion to issue the assignment order.

The Clerk is ordered to give notice of the ruling.