Judge: Michael P. Linfield, Case: 21STCP00573, Date: 2022-09-30 Tentative Ruling

Case Number: 21STCP00573    Hearing Date: September 30, 2022    Dept: 34

SUBJECT:                 Motion for Assignment Order

Moving Party:          Petitioner/ Judgment Creditor Susan E. Wiesner, a Law Corporation

Resp. Party:             None

Petitioner/ Judgment Creditor Susan E. Wiesner, a Law Corporation's Motion for Assignment Order is GRANTED.

I.           BACKGROUND

On February 23, 2021, Petitioner Susan E. Wiesner, a Law Corporation, filed a verified petition to compel binding arbitration and for Court appointment of an arbitrator to adjudicate a dispute with Respondent Paul Casey.

On April 9, 2021, the Court granted Wiesner’s petition.

On April 29, 2022, Wiesner moved the Court for an order confirming the April 20, 2022 Arbitration Award and entering judgment in conformity with the arbitration award. The motion is unopposed.

On June 13, 2022, the Court granted Petitioner Susan E. Wiesner, a Law Corporation’s Motion to Confirm Arbitration Award and Enter Judgment in Conformity Therewith in the amount of $31,440.79. (Minute Order, June 13, 2022, p. 1.)

On June 14, 2022, the Honorable Michael P. Linfield signed the Judgment in the present action.

On June 27, 2022, Wiesner issued a Writ of Execution in the present action.

On August 31, 2022, Petitioner Susan E. Wiesner, a Law Corporation moved the Court seeking “an Assignment Order as to all monies received from the third parties specified herein from Respondent PAUL CASEY ("PAUL") to WIESNER in order to satisfy the outstanding Judgment in this matter.” (Assignment Order, p. 1:24-26.) No opposition has been filed.

II.        ANALYSIS

A.          Legal Standard

Code of Civil Procedure section 708.510(a) states, in relevant part: 

“(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 dues 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.”

Code of Civil Procedure section 708.510(c), further provides:  

“[I]n 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.”

Code of Civil Procedure section 708.520(a) states, in relevant part: “When an application is made pursuant to Section 708.510 or thereafter, the judgment creditor may apply to the court for an order restraining the judgment debtor from assigning or otherwise disposing of the right to payment that is sought to be assigned.” “The court may issue an order pursuant to this section upon a showing of need for the order.” (Code Civ. Proc., § 708.520(b).) 

“Except as provided in subdivision (b), when a writ, notice, order, or other paper is required to be served under this title on the judgment debtor, it shall be served on the judgment debtor instead of the attorney for the judgment debtor.” (Code Civ. Proc., § 684.020(a).)

B.          Discussion

Wiesner provides the Declaration of David Friedman to assert the following:

·                    Judgment in the present action was entered on June 14, 2022 in the amount of $31,440.79 but no payments have been made on the Judgement. (Friedman Decl., ¶ 3; Judgment, ¶ 6.)

·                    Under the Writ of Execution issued on June 27, 2022, Judgment Debtor Paul Casey (“Casey”) owes a debt of $31,440.79 “plus $60.30 in accrued interest to that date. The debt continues to accrue interest at a rate of 10% per annum, $8.61 per day.” (Friedman Decl., ¶ 4, Ex. A.)

·                    Casey, a television director, directed five episodes of Real Time with Bill Maher on Home Box Office in 2022, and may receive money from several production companies, possibly including Bill Maher Productions, Brad Grey Television, Home Box Office, Kid Love Productions, and distributor HBO Max. (Friedman Decl., ¶¶ 5, 6, Ex. C.)

The Court has no evidence to show that Casey has paid the balance on the $31,440.79 judgment. Casey has not opposed the present motion.

III.     CONCLUSION

Petitioner/ Judgment Creditor Susan E. Wiesner, a Law Corporation's Motion for Assignment Order is GRANTED.