Judge: Malcolm Mackey, Case: 20STCV38002, Date: 2023-03-14 Tentative Ruling

Case Number: 20STCV38002    Hearing Date: March 14, 2023    Dept: 55

ODDI v. PREMA BALL                                                                  20STCV38002 

Hearing Date:  3/14/23,  Dept. 55

#4:   MOTION FOR ASSIGNMENT ORDER.

Notice:  Okay

No Opposition

MP:  Plaintiff RAYMOND J. ODDI

RP:  

Summary

On 5/10/21, a notice of settlement was filed.

MP Positions

Moving party requests an assignment order, on grounds including the following:

·         On October 28, 2022, a Writ was issued in this matter as to the debt owed by PREMA and TULSY, to RAYMOND, in the amount of $66,835.39 plus $2,673.42 in accrued | interest to that date. The debt continues to accrue interest at a rate of 10% per annum or  $18.30 per day.

·         Defendants PREMA and TULSY may receive payments from the following business entities: 1) Avatar Films, Inc.;  2) Cali's Finest, Inc.;  3) Chagit Products, Inc.;  4) On the Ball Productions, Inc.;  5) 2 Stone Media, Inc.;  6) Varuna Entertainment, Inc.

·         Assignments of those payments should remain in effect until the outstanding Judgment  of $69,548.81, together with continuing post-judgment interest of 10% per annum, are paid.

Tentative Ruling

The unopposed motion is granted, as prayed. 

A treatise summarizes the applicable procedure as follows:

Court's discretion to issue order: The court has broad discretion in determining whether to order an assignment, and in fixing the amount to be assigned (subject to the limitations discussed above, ¶ 6:1437 ff.).

The court may consider all relevant factors, including but not limited to:

·         The reasonable economic needs of a natural person judgment debtor and those supported partly or wholly by the debtor;

·         Payments the judgment debtor is required to make or that are deducted in satisfaction of other judgments and wage assignments;

·         The amount remaining due on the money judgment; and

·         The amount remaining to be received on the right to payment. [CCP § 708.510(c)]

Cal. Prac. Guide Enf. J. & Debt (The Rutter Group 2022)  §6:1440.