Judge: Michael P. Linfield, Case: 22STCP02295, Date: 2022-12-23 Tentative Ruling
Case Number: 22STCP02295 Hearing Date: December 23, 2022 Dept: 34
SUBJECT: Motion
for Assignment Order
Moving Party: Judgment
Creditor Ward and Smith, P.A.
Resp. Party: None
The Motion for Assignment Order filed by Judgment Creditor Ward and
Smith, P.A. on November 29, 2022, is GRANTED.
BACKGROUND:
On June 17, 2022, the
Clerk’s Office issued the Court’s Judgment Based on Sister-State Judgment.
On November 29, 2022,
Judgment Creditor filed its Motion for Assignment Order. Judgment Creditor
concurrently filed its Proposed Order and Proof of Service.
Judgment Debtor has
not filed an opposition or otherwise responded to the Motion.
ANALYSIS:
I.
Legal Standard
Code of Civil Procedure section 708.510,
subdivision (a) states, in relevant part:
“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, subdivision (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, subdivision (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, subdivision (b).)
II.
Discussion
Judgment Creditor move the Court for
an order assigning to Judgment Creditor the Judgment Debtor’s monies due, which
are or may be processed through the following Obligors:
(1)
Amazon.com, Inc.;
(2)
American Express Company;
(3)
Apple Pay/Apple, Inc.;
(4)
Diners Club International;
(5)
Discover Bank;
(6)
Google Pay/Google;
(7)
JCB Co., Ltd.;
(8)
Discover;
(9)
Master Card;
(10)
Paypal Holdings, Inc.;
(11)
Shop Pay and/or Shopify;
(12)
Venmo; and
(13)
Visa.
(Motion, pp. 5–6 and Ex. D.)
Among other things, Judgment
Creditor’s Counsel declares that, after an investigation, Counsel determined
that Judgment Debtor sells its products via its website, accepts payments from
its customers in various forms and thus likely receives payments from various
payment processors, and that the Judgment Debtor has rights to payments now due
or to become due from the Obligors listed above. (Motion, Dec. Roza, ¶¶ 3–4.)
Counsel attaches websites showing Judgment Debtor’s website and the various
payment methods that Judgment Debtor accepts online for sale of its products. (Id.
at Ex. A.)
This evidence sufficiently demonstrates that the Judgment Debtor may be
due money from the abovementioned entities that can be assigned to satisfy the
Judgment entered in this action. In addition, Judgment Creditor has included a
proof of service with this motion that demonstrates Judgment Debtor was served
by mail with this motion pursuant to Code of Civil Procedure section 684.020.
The Motion for Assignment Order filed by Judgment Creditor Ward and
Smith, P.A. on November 29, 2022, is GRANTED.