Judge: Maurice A. Leiter, Case: 22STCV31203, Date: 2023-10-16 Tentative Ruling

Case Number: 22STCV31203    Hearing Date: October 16, 2023    Dept: 54

Hearing Date: October 16, 2023

Department 54, Judge Maurice A. Leiter

Motion for Assignment Order

Moving Party: Plaintiff Bruce Shafer

Responding Party: None

T/R:      PLAINTIFF’S MOTION IS GRANTED.

PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers. No opposition has been received.

Under Code of Civil Procedure, section 708.510, subdivision (a), 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).)

Plaintiff moves for an assignment order of all payments or rights to payments that are due or become due to Defendant David Underwood from the Receivership of the Estates of Heartland Group Ventures, LLC, Blue Shield of California Life & Health Insurance Company, Health Net Life Insurance Company, The Penn Insurance and Annuity Company, and the Penn Mutual Life Insurance Company. Plaintiff asserts Underwood is entitled to investment income as well as sales commissions from these sources. The amount remaining due on the judgment in this case is $120,505.00.

 Plaintiff has established entitlement to an assignment order. Defendant has not opposed. Plaintiff’s motion is GRANTED.