Judge: Mark E. Windham, Case: LAM02K20132, Date: 2023-04-26 Tentative Ruling
Case Number: LAM02K20132 Hearing Date: September 5, 2023 Dept: 26
Western
States Capital Corp. v. Parada, et al.
MOTION FOR
ASSIGNMENT ORDER
(CCP § 708.510)
TENTATIVE RULING:
Judgment Assignee Perryville Recovery Corporation’s Motion
for Assignment Order is GRANTED.
ANALYSIS:
Plaintiff
Western States Capital Corporation (“Judgment
Creditor”) filed the instant action against Defendant Santos A. Parada
(“Judgment Debtor”) on October 28, 2002. Following Judgment Debtor’s failure to
file a responsive pleading, default judgment was entered on January 23, 2003.
The judgment was renewed on January 2, 2013, and November 22, 2022. Notice of
the latest renewal of judgment was served on Judgment Debtor on December 1,
2022. (Proof of Service for Notice of Renewal of Judgment, 12/01/22.) Judgment
Debtor filed a Motion to Vacate Renewal of Judgment that the Court denied on
June 29, 2023. (Minute Order, 06/29/23.) On June 22, 2023, Judgment Creditor
filed a notice of assignment demonstrating that the judgment has been assigned
to Perryville Recovery Corporation (“Judgment Assignee”).
On
July 7, 2023, Judgment Assignee filed the instant Motion for Assignment Order.
To date, no opposition has been filed.
Discussion
Under Code of Civil Procedure, section 708.510, subdivision
(a), the moving statute, the Court may order the judgment debtor to assign to
the judgment creditor or to an appointed receiver all or part of a right to
payment due or to become due. The types of payments that can be assigned
include wages due from the federal government if not subject to a withholding
order, rents, commissions, royalties, patent or copyright payments, and
insurance policy loan value. (Code Civ. Proc., § 708.510, subd. (a).)
Relevant factors the Court may take into consideration when
making an assignment order include the judgment debtor’s reasonable
requirements if they are a natural person, payments the judgment debtor is
required to make to satisfy other judgments and wage assignments, the amount
remaining due on the judgment, and the amount to be received in satisfaction of
the right to payment that may be assigned.
(Code Civ. Proc., § 708.510, subd. (c).) Construing all the
applicable statutes together, the “assignment order” contemplated by Code of
Civil Procedure, section 708.510, et seq.
must include a court order that assigns a right to payment outright (not simply
an order directing the judgment debtor to do so).
Judgment Assignee seeks an assignment order of rental
payments being made to Judgment Debtor with respect to the property located at
334 N. Rampart Blvd., Los Angeles, California. (Motion, Brewer Decl., Exh. D.) At
Judgment Assignee’s request, the Court takes judicial notice of (1) the grant
deed recorded on June 22, 2011 in the Recorder of Los Angeles County as
Document No. 20110844720 for 334 N. Rampart Blvd., Los Angeles, California; (2)
Judgment Debtor’s memorandum of points and authorities in support of the Motion
to Vacate Renewal of Judgment; (3) the affidavit of identity and order filed on
October 31, 2022; and (4) the contents of
https://www.apartments.com/334-n-rampart-blvd-los-angeles-ca/svw01s6/. (Cal.
Evid. Code, § 452.) These documents show that Judgment Debtor, under the name
Santos A. Saravia, has an ownership interest in the property and has listed it
for rent on www.apartments.com in the amount of $2,400.00 per month. (RJN,
Exhs. 1(a) and 3.) This evidence demonstrates that an assignment order with
respect to the rental payments being made to Judgment Debtor is appropriate.
Conclusion
Judgment Assignee Perryville Recovery Corporation’s Motion
for Assignment Order is GRANTED.
Moving party to give notice.