Judge: Maurice A. Leiter, Case: BC378641, Date: 2024-06-18 Tentative Ruling

Case Number: BC378641    Hearing Date: June 18, 2024    Dept: 54

Hearing Date: June 18, 2024

Department 54, Judge Maurice A. Leiter

Motion for Assignment of Rents

Moving Party: Judgement Creditor Faith Schames, Assignee of Plaintiff Colgate Avenue LLC

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, though the right to payment may be assigned only to the extent necessary to satisfy the creditor’s money judgment and, 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).) 

Judgment Creditor Faith Schames, Assignee of Plaintiff Colgate Avenue LLC moves for an assignment of rents. Judgment Creditor represents that Judgment Debtor Steven Stone is the title holder to residential real property located at 6506 Colgate Avenue, Los Angeles, CA 90048, from which rental income is generated. Judgment was entered against Judgment Debtor on or about November 12, 2008, in the amount of $78,592.00. The Judgment was most recently renewed on May 4, 2023, in the amount of $270,870.60. Interest has continued to accrue at $74.22 per day; the Judgment now totals $296,328.06. The debtor has not opposed this motion to show that an exemption applies.

Judgment creditor has shown entitlement to assignment of rents. The motion is GRANTED.