Judge: Layne H. Melzer, Case: 2012-00597832, Date: 2023-05-25 Tentative Ruling

Plaintiff Tod Leany

Motion for Assignment Order

Plaintiff Todd Leany’s (“Plaintiff”) Motion for Assignment Order is granted.

Plaintiff requests an order assigning 25% of all salaries, commissions, bonuses, fees, royalties and all rights to payment thereunder, owed to Defendant Doug O'Rear aka Douglas Charles O'Rear & Douglas C. O'Rear (“Defendant”), from Global Retirement Partners LLC, to Plaintiff, to the extent necessary to pay the Judgment in full, including interest accrued through the date of payment. (ROA 56, 58.)

“Except as otherwise provided by law, all property of the judgment debtor is subject to enforcement of a money judgment.” (Code Civ. Proc. § 695.010(a).) Section 708.510(a) provides in relevant part: “Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor or to a receiver ... all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments ....” (Code Civ. Proc. § 708.510(a).)

“[I]n determining whether to order an assignment or the amount of an assignment pursuant to subdivision (a), the court may take into consideration all relevant factors,  including the following:

(1) The reasonable requirements of a judgment debtor who is a natural person and of persons supported in whole or in part by the judgment debtor.

(2) Payments the judgment debtor is required to make or that are deducted in satisfaction of other judgments and wage assignments, including earnings assignment orders for support.

(3) The amount remaining due on the money judgment.

(4) The amount being or to be received in satisfaction of the right to payment that may be assigned.” (Code Civ. Proc. § 708.510(c).)

Having reviewed the motion, supporting declarations and supplemental information, the Court finds Plaintiff has demonstrated that an assignment order would be appropriate. Plaintiff filed a Complaint for breach of lease agreement against Defendant on 9/13/12. (ROA 2.) The Court entered Default Judgment in Plaintiff’s favor, and against Defendant, on 2/20/13, in the amount of $82,713.40. (ROA 25.) A writ of execution was returned unsatisfied on or about 10/3/22. (ROA 61.) According to the supporting papers, the balance due on the judgment, as of 6/17/22, was $160,025.38, with interest accruing at a daily rate of $22.66 at 10% per annum. (ROA 58 [Mot. at  3; Goldsmith Decl. at ¶3].). The Court finds no evidence any of the balance on the Judgment has been paid, and the motion is unopposed despite proof of service on the Defendant. Accordingly, Plaintiff’s motion for an assignment order is granted. (Code Civ. Proc. § 708.510.)

Plaintiff shall give notice of the ruling.