Judge Lee W. Tsao, Case 19NWCV00820 2023-05-11 Tentative Ruling

Judge: Lee W. Tsao, Case: 19NWCV00820, Date: 2023-05-11 Tentative Ruling

Case Number: 19NWCV00820 Hearing Date: May 11, 2023 Dept: C

The Court entered judgment in favor of Blaine Holding and against Vivera on September 15, 2021 in the amount of $406,657.19 plus $623.58 per day between June 3, 2021 and the return of possession of the commercial property. Blaine Holding has been unable to collect on the judgment and seeks a restraining order against Vivera to prevent it from selling its 49 percent interest in Pala Diagnostics. The current amount of the judgment owed is $359,946.58.

TR:

“When an application is made pursuant to Section 708.510 or thereafter, the judgment creditor may apply to the court for an order restraining the judgment debtor from assigning or otherwise disposing of the right to payment that is sought to be assigned. The application shall be made on noticed motion if the court so directs or a court rule so requires. Otherwise, it may be made ex parte.” (Code Civ. Proc. (CCP) § 708.520(a).) “The order shall be personally served upon the judgment debtor and shall contain a notice to the judgment debtor that failure to comply with the order may subject the judgment debtor to being held in contempt of court.” (CCP § 708.520(d).)

Plaintiff Blaine Holding & Development, LLC’s (Plaintiff) ex parte application for an order restraining Defendant Vivera Pharmaceuticals, Inc. (Defendant) pending resolution of judgment creditor’s motion for charging and assignment orders is GRANTED. Defendant, any servant, agent, employee or attorney for Defendant, and any person(s) in active concert and participating with Defendant, are hereby restrained from assigning, encumbering, spending, transferring, or otherwise disposing in any way of Defendant’s 49 percent interest in Pala Diagnostics LLC, and any right to payment thereunder from either Dalrada Health Inc. or Pala Diagnostics LLC.

This order shall stay in effect until this Court rules on Plaintiff’s pending motion for charging and assignment orders set for hearing on June 28, 2023.