Judge: Malcolm Mackey, Case: 21STCV05239, Date: 2023-08-03 Tentative Ruling

Case Number: 21STCV05239    Hearing Date: August 25, 2023    Dept: 55

BEEMAK PLASTICS, LLC v. SOUTH BAY SAFETY, INC.,               21STCV05239

Hearing Date:  8/25/23,  Dept. 55. (previously posted for the 8/17/23 hearing)

#6:   MOTION FOR AN ORDER IMPOSING THIRD PARTY LIABILITY ON JP MORGAN CHASE BANK, NA FOR NONCOMPLIANCE WITH A SHERIFF’S LEVY.

Notice:  Okay

No Opposition

MP:  Plaintiff

RP:  

Summary

On 2/9/21, Plaintiff filed a Complaint for Breach of Contract, alleging that Defendant SOUTH BAY SAFETY, INC. failed to properly verify temporary employees, including for compliance with State and Federal laws for employment eligibility, before being placed at Plaintiff BEEMAK PLASTICS, LLC.

On 6/24/21, default Judgment was filed in the total sum of $1,426,093.43 against Defendant SOUTH BAY.

On 8/3/23, a Motion to Set Aside/Vacate Judgment filed by South Bay Safety, Inc. was granted.

MP Positions

Moving party requests an order imposing third party liability on JP MORGAN CHASE BANK, NA for noncompliance with a levy served by the Sheriff, on grounds including the following:

·         The Oct. 4, 2022 Sheriff’s levy instructs Chase to remit “any and all assets of Judgment Debtor SOUTH BAY SAFETY, INC., a corporation (FEIN XX-XXX9958) located at [Chase], including but not limited to any and all account(s) and other money(ies), certificate(s) of deposit, security(ies), safe deposit box(es), and other property(ies).”

·         Chase refused to remit the levied funds to the Sheriff.

·         Code Civ. Proc. Section 701.020 imposes financial liability upon third parties who fail to comply with a properly served levy.

Tentative Ruling

The motion is ordered off calendar, because the default judgment has been vacated and set aside.

The motion is expressly based on that judgment  (motion, 2:3  (“This motion is based upon (i) the unsatisfied judgment in this case….”)).

Moving party does not qualify as being a judgment creditor without a judgment.  CCP   § 701.020.