Judge: Michael P. Linfield, Case: 20STCV26441, Date: 2023-11-17 Tentative Ruling

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Case Number: 20STCV26441    Hearing Date: November 17, 2023    Dept: 34

SUBJECT:        Motion for Order to Extend Lien

Moving Party: Judgment Creditor Ramona Featherby

Resp. Party:    None

The Motion for Order to Extend Lien is GRANTED. The liens are extended until the earlier of December 31, 2026 or when the Judgment is satisfied.

BACKGROUND:

On July 14, 2020, Plaintiffs Jennie Buckley and John Buckley filed their Complaint against Defendants Michael K. Obeng and MiKO Surgery Center, Inc. on causes of action arising after Plaintiff Jennie Buckley underwent certain medical procedures and discovered Defendants’ unauthorized use of Plaintiff Jennie Buckley’s pictures pictures.

On July 6, 2020, by request of Plaintiffs, the Clerk’s Office entered default on Defendants.

On October 8, 2021, the Court entered judgment in this matter in favor of Plaintiffs and against Defendants.

On December 19, 2022, Plaintiffs filed their Acknowledgement of Assignment of Judgment, in which they acknowledged their assignment to Ramona Featherby (“Judgment Creditor”) of their rights, title, and interest in the Judgment against Defendants (now “Judgment Debtors”).

On January 12 and 13, 2023, the Court ordered Judgments Debtors to appear before the Court on March 21, 2023 for an examination.

On March 28, 2023, the Court ordered that Judgment Debtor Michael K. Obeng is restrained from transferring, disposing, or encumbering the 2011 Rolls-Royce Ghost, Vin No. SCA664S54BUX49623, License No. 8RLE443 until such further time as this Court orders otherwise.

On June 22, 2023, the Court issued its Turnover Order and ordered Judgment Debtors to produce certain property no later than July 10, 2023.

On September 11, 2023, Judgment Creditor filed Motion for Order to Extend Lien. In support of the Motion, Judgment Creditor concurrently filed a Proposed Order.

On October 31, Judgment Creditor filed Notice of Non-Opposition to the Motion. Judgment Creditor concurrently filed Judicial Council Form POS-030, Proof of Service by First-Class Mail — Civil.

No opposition or other response has been filed to the Motion.

ANALYSIS:

I.          Legal Standard

“The judgment creditor may apply to the proper court for an order requiring the judgment debtor to appear before the court, or before a referee appointed by the court, at a time and place specified in the order, to furnish information to aid in enforcement of the money judgment.” (Code Civ. Proc., § 708.110, subd. (a).)

“The judgment creditor shall personally serve a copy of the order on the judgment debtor not less than 10 days before the date set for the examination. Service shall be made in the manner specified in Section 415.10. Service of the order creates a lien on the personal property of the judgment debtor for a period of one year from the date of the order unless extended or sooner terminated by the court.” (Code Civ. Proc., § 708.110, subd. (d).)

“When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.” (Code Civ. Proc., § 187.)

II.       Discussion

On January 12 and 13, 2023, the Court ordered Judgments Debtors to appear before the Court on March 21, 2023 for an examination. These orders created liens against the property of Judgment Debtors. Pursuant to Code of Civil Procedure section 708.110, subdivision (d), these liens will expire on January 12 and 13, 2024 unless they are extended by the Court.

Pursuant to Code of Civil Procedure sections 187 and 708.110, subdivision (d), Judgment Creditor moves the Court to extend the liens until December 31, 2026, unless the Judgment is sooner satisfied. (Motion, p. 5:5–7.) These would be an extension of approximately two years at most.

        Upon considering the declaration attached to the Motion and the circumstances of this matter, the Court finds good cause to extend both of the liens until the earlier of December 31, 2026 or when the Judgment is satisfied.

III.     Conclusion

The Motion for Order to Extend Lien is GRANTED. The liens are extended until the earlier of December 31, 2026 or when the Judgment is satisfied.