Judge: Maurice A. Leiter, Case: 23STCV29997, Date: 2024-09-17 Tentative Ruling

Case Number: 23STCV29997    Hearing Date: September 17, 2024    Dept: 54

Hearing Date: September 17, 2024

Department 54, Judge Maurice A. Leiter

Motion for Assignment Order

Moving Party: Plaintiff/Judgment Creditor Dominick Martin

Responding Party: None

T/R:     JUDGMENT CREDITOR’S MOTION IS GRANTED.

JUDGMENT CREDITOR 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.

Code Civ. Proc. § 708.510(a) provides for assignment orders and states: 

(a) Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor or to a receiver appointed pursuant to Article 7 (commencing with Section 708.610) all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments, including but not limited to the following types of payments: (1) wages due from the federal government that are not subject to withholding under an earnings withholding order. (2) Rents. (3) Commissions. (4) Royalties. (5) Payments due from a patent or copyright. (6) Insurance policy loan value.

A court may take into consideration all relevant factors in determining whether to issue an assignment order, and the only constraints placed on the court are that the right to payment be assigned only to the extent necessary to satisfy the creditor’s money judgment and that, where part of the payments are exempt, the amount of payments assigned should not exceed the difference between the gross amount of the payments and the exempt amount. (CCP §§ 708.510 (c), (d) (e) and (f).) The burden is on the debtor to show that an exemption applies. (CCP § 703.580(b).) 

Plaintiff/Judgment Creditor moves for an order assigning Defendant/Judgment Debtor O’ My Sole’s interest in the payments generated from its business activities, and all rights to any payment in connection therewith, to Plaintiff in an amount up to the judgment amount of $17,853.17, plus interest. Defendant has not opposed this motion to show an exemption applies.

Plaintiff/Judgment Creditor has shown entitlement to assignment of payments generated from its business activities. The motion is GRANTED.