Judge: Layne H. Melzer, Case: 2019-01075725, Date: 2022-10-13 Tentative Ruling

PLT/Judgment Creditor Bank of the West

Motion - Other (Motion for Turnover Order of Securities in Aid of Execution)

Plaintiff and Judgment Creditor Bank of the West has a default judgment against defendant and judgment debtor Dillon Dinh, on which $24,996.60 currently remains owing. Judgment Creditor has filed a motion for turnover in aid of execution seeking to transfer to the Sheriff possession of judgment debtor’s stock certificates in 3D Poultry Farm Corp., a California domestic corporation.

It appears that corporate shares are the proper subject of a turnover order under Code of Civil Procedure section 699.040, subdivision (a). However, there is no proof that 3D Poultry Farm Corp. has issued stock or that the stock is held by or in the name of Dillon Dinh. Further, even if a turnover order were granted, what is the value of the stock for purposes of adjudicating what should be credited towards satisfaction of the judgment? Nothing in the motion tells the court. (See Ho v. Hsieh (2010) 181 Cal.App.4th 337, 347 (finding court abused its discretion in ordering worthless stock certificates to be transferred directly to judgment creditor without any reduction in outstanding money judgment). The motion is therefore DENIED without prejudice.