Judge: Matthew C. Braner, Case: 37-2022-00021717-CU-EN-CTL, Date: 2023-10-20 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 19, 2023

10/20/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Enforcement Motion Hearing (Civil) 37-2022-00021717-CU-EN-CTL AMERRA CAPITAL MANAGEMENT LLC VS STRUYK [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Amerra Capital Management, LLC's motion for an order charging interest is GRANTED in part.

Plaintiff seeks a charging order pursuant to Code of Civil Procedure section 708.310, which states: 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 15907.03, 16504, or 17705.03 of the Corporations Code.

Plaintiff presents evidence that Defendant Tony Struyk has interests in the following limited liability companies: 1) 2638 F ST Townhouses, LLC; 2) SD 5050 Property, LLC; 3) SD 50/50 Properties II, LLC; 4) SDProp TS, LLC; 5) CPASS, LLC; 6) Oliphant and Nimitz, LLC; 7) 23 40th and C, LLC; and (8) 4537-4549 Newport SD, LLC.

Defendant does not dispute he has interests in these LLCs. Instead, he argues that Plaintiff's motion is defective because Plaintiff failed to serve notice of the motion on each LLC or all members of each LLC, citing to Code of Civil Procedure section 708.320. However, Defendant provides no case authority to support the argument that section 708.320 creates a requirement to serve the LLCs or all members in order to obtain a charging order, and other statutory sections strongly suggest there is no such requirement. (See Corp. Code, § 16504, subd. (a) ['On application by a judgment creditor of a partner or of a partner's transferee, a court having jurisdiction may charge the transferable interest of the judgment debtor to satisfy the judgment.'].) Thus, a lien can be created either by complying with CCP section 708.320 and serving all members of the LLC or the LLC itself, or by applying for and obtaining a charging order from the court. (See Corp. Code, § 16504, subd. (b) ['A charging order constitutes a lien on the judgment debtor's transferable interest in the partnership.'].) Accordingly, Plaintiff's motion is granted as to the LLCs in which Defendant has a membership interest.

Plaintiff also seeks to charge the interests held by Defendant's alleged spouse, Theresa Struyk, in Sir Fluff IV, LLC and Scarlett Properties, LLC. Defendant disputes that he is still married to Ms. Struyk, and attests they divorced in 2020, have not been married since then, and do not have any community property. (ROA #138, Struyk Dec., ¶ 5.) Plaintiff points out that Defendant could easily have provided documentation that demonstrates he is no longer married to Ms. Struyk, and the fact that he did not include such documentation strongly suggests he is being untruthful. The court disagrees with this characterization. However, the fact that Ms. Struyk and Defendant still share the last name at least raises a question about the circumstances surrounding the purported divorce. As such, the court will Calendar No.: Event ID:  TENTATIVE RULINGS

2944752  17 CASE NUMBER: CASE TITLE:  AMERRA CAPITAL MANAGEMENT LLC VS STRUYK [IMAGED]  37-2022-00021717-CU-EN-CTL give Defendant an opportunity to provide documentation that confirms the 2020 divorce was finalized.

Accordingly, the motion is granted as to the eight LLCs in which Defendant has a membership interest.

Plaintiff is instructed to submit a revised order that includes only these properties.

Defendant has until November 13, 2023 to submit documentation that supports his claim that he and Ms.

Struyk are divorced. If the court is satisfied after review of the documents, it will enter a minute order confirming that Plaintiff's motion as to those properties is denied. If Defendant does not submit the requested documentation, or the court finds the submitted documents inadequate, it will enter a minute order confirming that Plaintiff's motion is granted as to those properties.

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