Judge: Layne H. Melzer, Case: 2019-01046459, Date: 2023-08-10 Tentative Ruling

Plaintiff Sumsion Business Law, LLC

Motion for Assignment Order

Plaintiff/Judgment Creditor Sumison Business LA, LLC’s unopposed motion for an assignment order with respect to the Judgment entered against Judgment Debtor Tory Zweigle on 8/22/19 is denied without prejudice.

There is no proof of service included with the motion and filed with the Court.

Pursuant to Code of Civ. Proc, § 708.510(b), the notice of motion shall be served on the judgment debtor; service shall be made personally or by mail.  Proof of service must be filed at least 5 court days before the hearing. (CRC, Rule 3.1300(c).)

In addition, the Court finds Judgment Creditor’s evidence to support its request for an assignment order to be insufficient.

An assignment order, as provided in Code Civ. Proc., § 708.510, allows the trial court to order a judgment debtor to assign to the judgment creditor all or part of a right to payments that are or to become due.  Section 708.510, subdivision (a) provides:

“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, including but not limited to the following types of payments:

(1) Wages due from the federal government that are not subject to withholding under an earnings withholding order.

(2) Rents.

(3) Commissions.

(4) Royalties.

(5) Payments due from a patent or copyright.

(6) Insurance policy loan value.”

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 2019) ¶ 6:1440.)  In exercising that discretion, 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 right remaining due on the money judgment; and (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).)

Judgment Creditor includes only an attorney declaration in support of the motion.  Counsel states that he is “informed and believe that the following right to payment(s) is/are due or will become due to the judgment debtor: Judgment Debtor is entitled to regular payments from Acquawerks, 578 Washington Blvd, Marina Del Rey, CA 90292 for service performed or goods received on a regular basis.” (Chow Decl., ¶ 5.) 

There is no other evidence provided to support that these payments are subject to assignment. A declaration based on information and belief is not enough here.

As a result, for the reasons stated above, the motion is denied.

Plaintiff/Judgment Creditor shall give notice.