Judge: Lynne M. Hobbs, Case: 23STCV21256, Date: 2025-01-17 Tentative Ruling

Case Number: 23STCV21256    Hearing Date: January 17, 2025    Dept: 61

RODEO COLLECTION, LTD vs GEOFFREY LAPUZ JIMENEZ, et al.

TENTATIVE:

Plaintiff's Motion to Charge Member's Interest is GRANTED. 

Plaintiff to give notice.

ANALYSIS:

“If a money judgment is rendered against a partner or member but not against the partnership or limited liability company, the judgment debtor's interest in the partnership or limited liability company may be applied toward the satisfaction of the judgment by an order charging the judgment debtor's interest pursuant to Section 15907.3, 16504, or 17705.03 of the Corporations Code.” (Code Civ. Proc. § 708.310.)

“On application by a judgment creditor of a member or transferee, a court may enter a charging order against the transferable interest of the judgment debtor for the unsatisfied amount of the judgment. A charging order constitutes a lien on a judgment debtor's transferable interest and requires the limited liability company to pay over to the person to which the charging order was issued any distribution that would otherwise be paid to the judgment debtor.” (Corp. Code § 17705.03, subd. (a).) The court may make orders necessary to effectuate the charging order, including the appointment of a receiver of the distributions subject to the charging order, or if a showing is made that distributions under the charging order will not pay the judgment within a reasonable time, a foreclosure upon the lien and a sale of the transferable interest. (Corp. Code § 17705.03, subd. (b)(1)–(3).)

Plaintiff Rodeo Collection Ltd. (Plaintiff) seeks an order charging the member interest Marian Mina Miranda (Defendant) in the limited liability company, Marian Mina Miranda, LLC. Plaintiff contends that Defendant formed the LLC on November 31, 2021, per records with the California Secretary of State. (Ford Decl. Exh. A.) Defendant is the sole person listed as the member and manager of this LLC. (Ibid.) And Plaintiff has a judgment against Defendant in excess of $5 million. No opposition to the motion has been filed.

Accordingly, the motion is GRANTED.