Judge: Mark E. Windham, Case: LAM12CS3712, Date: 2022-10-26 Tentative Ruling

Case Number: LAM12CS3712    Hearing Date: October 26, 2022    Dept: 26

MOTION FOR ASSIGNMENT ORDER

(CCP § 708.510)

TENTATIVE RULING:

Judgment Creditor NNC Westside Tower, LLC’s Motion for Assignment Order is GRANTED.

ANALYSIS:  

Judgment Creditor NNC Westside Tower, LLC (“Judgment Creditor”) obtained default judgment against Judgment Debtors William Corey May (“Judgment Debtor William”) and Nicole May (“Judgment Debtor Nicole”) on May 15, 2014.

On July 11, 2022, Judgment Creditor 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 Creditor seeks an assignment order for 25 percent of Judgment Debtor’s interest in payments from Reza Nabavi, Ph.D., a Psychology Corporation (“Nabavi”). Currently, the judgment remains wholly unsatisfied. (Motion, Kennedy Decl., ¶2.) The payroll department at Nabavi confirmed that Judgment Debtor William is an independent contractor such that Judgment Debtor William is entitled to payment due or to become due from Nabavi. (Id. at ¶3.) This evidence demonstrates that an assignment order with respect to Judgment Debtor William’s payment from Nabavi is appropriate.

Conclusion

Judgment Creditor NNC Westside Tower, LLC’s Motion for Assignment Order is GRANTED.

Moving party to give notice.