Judge: Layne H. Melzer, Case: 2016-00850999, Date: 2023-07-27 Tentative Ruling

Plaintiff American Express Bank, FSB, A Federal Savings Bank

Motion for Order Evidencing Assignment of Judgment by Operation of Law

The Court grants American Express National Bank’s request to order that it is an assignee of a right as to this Judgment in favor of American Express Bank, FSB, as a result of a merger.

CCP §673 provides as follows:

(a) An assignee of a right represented by a judgment may become an assignee of record by filing with the clerk of the court which entered the judgment an acknowledgment of assignment of judgment.

(b) An acknowledgment of assignment of judgment shall contain all of the following:

(1) The title of the court where the judgment is entered and the cause and number of the action.

(2) The date of entry of the judgment and of any renewals of the judgment and where entered in the

records of the court.

(3) The name and address of the judgment creditor and name and last known address of the judgment

debtor.

(4) A statement describing the right represented by the judgment that is assigned to the assignee.

(5) The name and address of the assignee.

(c) The acknowledgment of assignment of judgment shall be:

(1) Made in the manner of an acknowledgment of a conveyance of real property.

(2) Executed and acknowledged by the judgment creditor or by the prior assignee of record if there is

one.

(d)(1) If an acknowledgment of assignment of judgment purports to be executed or acknowledged by an

authorized agent of the judgment creditor or an authorized agent of a prior assignee of record, then

documentation sufficient to evidence that authorization shall be filed together with the acknowledgment of

assignment of judgment.

(2) Notwithstanding paragraph (1), an assignee of a right represented by a judgment may also

become an assignee of record by filing with the clerk of the court that entered judgment a court

order or other documentation that evidences assignment of judgment by operation of law.

A legal treatise discussing this section also discusses notice to be given to the judgment debtor:

(3) [6:1542.6] Validity of assignment not open to challenge under § 673: The scope of CCP § 673 (¶ 6:1540 ff.) is limited to the process for an assignee to obtain standing to proceed under the EJL as the judgment creditor. No provision is made therein for a debtor to attack the creditor's authority to make the assignment or otherwise to challenge assignment of the judgment. Any challenge to the assignment must be raised in a separate proceeding. [See California Coastal Comm'n v. Allen, supra, 167 CA4th at 327, 83 CR3d at 909-910]

b. [6:1543] Judgment debtor protected until notice of assignment received: Filing the acknowledgment of assignment with the court clerk does not give the judgment debtor notice of the assignment. If the judgment debtor pays the judgment creditor without actual notice of the assignment, such payment is credited to the judgment and the assignee cannot recover the amount of the payment from the judgment debtor. [Civ. C. § 954.5(c); and see Comment to CCP § 673]

[6:1544] PRACTICE POINTER: For this reason, the assignee should immediately serve a copy of the executed acknowledgment of assignment on the judgment debtor and his or her attorney of record. The copy should be sent by certified mail, return receipt requested.

(11. [6:1539] Enforcement of Judgment by Assignees:, Cal. Prac. Guide Enf. J. & Debt Ch. 6G-11.)

The Court finds that moving party is an “assignee of right” based on the evidence submitted demonstrating a merger involving Plaintiff and moving party. The Court notes that Exhibit A appears to be missing from Counsel’s declaration. Counsel shall file an amended Declaration prior to the hearing providing the court with this document.

To validate moving party’s status as an “assignee of record” moving party shall submit electronically a proposed order consistent with CCP §673.

Upon execution by the Court, moving party as an adjudicated “assignee of record” shall serve a copy of this order on judgment debtor and his attorney of record by certified mail return receipt requested.