Judge: Michael J. Strickroth, Case: 2020-01124651, Date: 2022-07-25 Tentative Ruling
Motion for Assignment Order in Aid of Judgment Pursuant to CCP 708.510
Plaintiff/Judgment Creditor Eastern Funding LLC, a Delaware limited liability company dba Specialty Vehicle and Equipment Funding Group, a subsidiary of Brookline Bank’s (“Eastern Funding”) Motion for an Assignment Order pursuant to Code of Civil Procedure section 708.510 assigning to all of Defendants/Judgment Debtors’ interest in “any and all commissions and/or monies generated by all the Los Angeles County Sheriff’s Departments, Los Angeles County Municipal Police Departments, Riverside County Sheriff’s Departments, Riverside County Police Departments, Orange County Sheriff’s Office and Orange County Police Departments which are due and owing to Judgment Debtors” to Eastern Funding is GRANTED IN PART and DENIED IN PART—GRANTED as to Defendant/Judgment Debtor Karen Inman and DENIED without prejudice as to Defendant/Judgment Debtor Aaron Towing & Transport LLC, formerly known as Ty Sugai dba Aarons Towing.
An assignment order is a court order assigning to the judgment creditor the debtor's right to payments due from a third person. It is authorized by Code of Civil Procedure section 708.510, which 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 . . . all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments. . . .
(b) The notice of the motion shall be served on the judgment debtor. Service shall be made personally or by mail.
(c) Subject to subdivisions (d), (e), and (f), in determining whether to
order an assignment or the amount of an assignment pursuant to subdivision
(a), the court may take into consideration all relevant factors, including
the following:
(1) The reasonable requirements of a judgment debtor who is a natural person and of persons supported in whole or in part by the judgment debtor.
(2) Payments the judgment debtor is required to make or that are deducted in satisfaction of other judgments and wage assignments, including earnings assignment orders for support.
(3) The amount remaining due on the money judgment.
(4) The amount being or to be received in satisfaction of the right to payment that may be assigned.
Here, Eastern Funding has demonstrated that default judgment was entered against both Defendants/Judgment Debtors on July 8, 2020. Plaintiff’s attorney, Nick Iezza (Iezza) also attests that the default judgment has not been satisfied to date. (Iezza Declaration, ¶¶ 2-3.)
Eastern Funding has demonstrated that Defendants/Judgment Debtors have not satisfied the default judgment to date and that an assignment order is necessary to satisfy the default judgment.
However, Eastern Funding has failed to demonstrate service of the instant motion on Aarons Towing. The court notes that on January 20, 2020, Eastern Funding filed two identical Proofs of Service demonstrating that this motion was served on Defendant Karen Inman (“Inman”) by mail. There is no proof of service of this motion on Aarons Towing.
Therefore, Eastern Funding’s motion is granted as to Inman. The motion is denied without prejudice as to Aarons Towing.
Moving party to give notice.
Motion for Assignment Order in Aid of Judgment Pursuant to CCP 708.510
Plaintiff/Judgment Creditor Eastern Funding LLC, a Delaware limited liability company dba Specialty Vehicle and Equipment Funding Group, a subsidiary of Brookline Bank’s (“Eastern Funding”) Motion for an Assignment Order pursuant to Code of Civil Procedure section 708.510 assigning to all of Defendants/Judgment Debtors’ interest in “any and all commissions and/or monies generated by Enzo Motors, Honest One aka Honest-1 Auto Care, Platinum Black aka Platinum Black Hot Rods and Customs, S&S Auto Wholesale, Tech Collision aka Technology Auto Collision, Transmission Specialist, Briggs Electric, Inc., Aamco Transmissions, Knight Roadside, Tustin Mazda, Huntington Beach Ford, Kings Auto aka Kings Auto Clinic, Ferrari Rod aka Francorchamps of America, Inc., Moyer Auto aka Moyer’s Auto Repair, Hiros Auto aka Hiro’s Auto Repair, Redline Auto, Mathers Auto, P.I. Motorsport, Orange Empire aka orange Empire service Center, Westcoast Classic aka Westcoast Classic Restoration, Coast to Coast aka Coast to Coast Car Rental & Repair, Crevier Classic aka Crevier Classic Cars, Monzon Garage, American Tire Depot, Mesa Tire, Future Car, Newport Convertible aka Newport Convertible Engineering, Inc., Stadium Auto, and Aston Martin Newport Beach to Eastern Funding is GRANTED IN PART and DENIED IN PART—GRANTED as to Defendant/Judgment Debtor Karen Inman, but DENIED without prejudice as to Defendant/Judgment Debtor Aaron Towing & Transport LLC, formerly known as Ty Sugai dba Aarons Towing.
An assignment order is a court order assigning to the judgment creditor the debtor's right to payments due from a third person. It is authorized by Code of Civil Procedure section 708.510, which 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 . . . all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments. . . .
(b) The notice of the motion shall be served on the judgment debtor. Service shall be made personally or by mail.
(c) Subject to subdivisions (d), (e), and (f), in determining whether to
order an assignment or the amount of an assignment pursuant to subdivision
(a), the court may take into consideration all relevant factors, including
the following:
(1) The reasonable requirements of a judgment debtor who is a natural person and of persons supported in whole or in part by the judgment debtor.
(2) Payments the judgment debtor is required to make or that are deducted in satisfaction of other judgments and wage assignments, including earnings assignment orders for support.
(3) The amount remaining due on the money judgment.
(4) The amount being or to be received in satisfaction of the right to payment that may be assigned.
Here, Eastern Funding has demonstrated that default judgment was entered against both Defendants/Judgment Debtors on July 8, 2020. Plaintiff’s attorney, Nick Iezza (Iezza) also attests that the default judgment has not been satisfied to date. (Iezza Declaration, ¶¶ 2-3.)
Eastern Funding has demonstrated that Defendants/Judgment Debtors have not satisfied the default judgment to date and that an assignment order is necessary to satisfy the default judgment.
However, Eastern Funding has failed to demonstrate service of the instant motion on Aarons Towing. The court notes that on January 20, 2020, Eastern Funding filed two identical Proofs of Service demonstrating that this motion was served on Defendant Karen Inman (“Inman”) by mail. There is no proof of service of this motion on Aarons Towing.
There, Eastern Funding’s motion is GRANTED as to Inman. The motion is denied without prejudice as to Aarons Towing.
Moving party to give notice.