Judge: Michael P. Linfield, Case: 22STCV00110, Date: 2022-12-19 Tentative Ruling

Case Number: 22STCV00110    Hearing Date: December 19, 2022    Dept: 34

SUBJECT:         Motion for Assignment Order

Moving Party:  Judgment Creditor Euler Hermes North America Insurance Company

Resp. Party:    None

Judgment Creditor’s Motion for Assignment Order is GRANTED.

BACKGROUND:

On January 3, 2022, Plaintiff Euler Hermes North America Insurance Company, as assignee of Globaltranz Enterprises, Incorporated, filed its Complaint against Lava Heat Italia Corporation on causes of action of open book account, account stated, and reasonable value.

On July 12, 2022, the Court entered default judgment for Plaintiff (now Judgement Creditor) and against Defendant (now Judgment Debtor) in the amount of $42,183.88.

On November 16, 2022, Judgment Creditor filed its Motion for Assignment Order.

Judgment Debtor has not filed an opposition or other response 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 moves the Court for an order assigning the following proceedings to Plaintiff in order to satisfy the outstanding judgment: funds due from goods and products sold in store and online through authorized dealers, The Patio Place and Brooks Outdoor. (Motion, pp. 4:22–26, 5:5–9.) Judgment Creditor’s Counsel declares that, after an investigation, Counsel determined that Judgment Debtor sells goods and products through the aforementioned authorized dealers. (Decl. Brodkin, ¶¶ 4–5.) Counsel attaches the Default Judgment and a screenshot from Judgment Debtor’s website showing where authorized dealers are located for its products, which includes websites for the aforementioned dealers. (Decl. Brodkin, Exs. A–B.)

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. Further, Judgment Creditor included a proof of service with this motion, demonstrating that Judgment Debtor was served by mail with this motion pursuant to Code of Civil Procedure section 684.020.

Judgment Creditor’s Motion for Assignment Order is GRANTED.