Judge: Michael P. Linfield, Case: BC629067, Date: 2022-08-17 Tentative Ruling

Case Number: BC629067    Hearing Date: August 17, 2022    Dept: 34

SUBJECT:                 Motion to Enforce Lien and Leave to Intervene for Purposes of Collection of Judgment Entered on January 18, 2022

Moving Party:          Lienholder Nayrie Tarpinian

Resp. Party:             None

 

 

Lienholder Nayrie Tarpinian’s Motion to Enforce Lien and Leave to Intervene for Purposes of Collection of Judgment Entered on January 18, 2022 is GRANTED.

 

I.           BACKGROUND

 

On August 1, 2016, Plaintiff Wealthquest, LLC filed a complaint against Defendants Levon Isadzhanyan dba LSI General Engineering & Construction Co. (“LSI”) and Business Alliance Insurance Company (“BAIC”) alleging the following causes of action:

 

1.           Breach of Contract;

2.           Negligence;

3.           Breach of Express Warranty;

4.           Unjust Enrichment; and

5.           Recovery on Surety Bond

 

On December 14, 2016, LSI filed a First Amended Cross-Complaint against Cross Defendants Wealthquest, LLC and National Ready Mixed Concrete Co. alleging the following causes of action:

 

1.           Breach of Contract;

2.           Indebitatus Assumpsit;

3.           Quantum Meruit;

4.           Account Stated;

5.           Open Book Account;

6.           Implied Total Indemnity;

7.           Equitable Indemnity on a Comparable Fault Basis;

8.           Declaratory Relief; and

9.           Foreclosure of Mechanic’s Lien

 

On April 16, 2020, LSI filed an amendment to the cross-complaint, replacing ROE 1 with Levon Hairapetian.

 

On March 3, 2021, default was entered against Defendant Hairapetian.

 

On October 13, 2021, Defendants Levon Isadzhanyan, dba LSI General Engineering & Construction and Business Alliance Insurance Company filed a motion to dismiss for failure to prosecute. The motion was unopposed. Defendants’ Motion to Dismiss for Failure to Prosecute this Action pursuant to CCP §§ 583.410, 583.420, and 583.430 and Cal. Rules of Court Rules 3.1340 and 3.132 was granted.

 

On October 18, 2021, Defendant Levon Isadzhanyan dba LSI General Engineering & Construction Co. filed a default judgment against Defendant Levon Hairapetian (Roe 1).

 

On January 12, 2022, the Court entered default judgment in the amount of $111,549.63. (Minute Order, January 12, 2022, p. 1.)

 

On January 18, 2022, the Court signed its default judgment.

 

On April 14, 2022, LSI moved the Court “for an order amending the Judgment entered in this matter and filed January 18, 2022, so that the Amended Judgment complies with CCP section 708.460.” (Motion to Amend Judgment, filed April 14, 2022, p. 1:5-7.)

 

On May 9, 2022, the Court granted Defendant and Cross-Complainant Levon Isadzhanyan dba LSI General Engineering & Construction Co.'s Motion for Amending Judgment.

 

On June 17, 2022, Cross-Defendant Levon Hairapetian moved the Court “for an order granting relief from the entry of default and default judgment entered by Defendant/Cross-Complainant Levon Isadzhanyan dba LSI General Engineering & Construction Co. against Mr. Hairapetian, based on the California Code of Civil Procedure section 473(b) (mandatory and discretionary relief) and the Court’s inherent powers to grant equitable relief due to Mr. Hairapetian’s former counsel negligence.” (Motion, filed June 17, 2022, p. ii:4-9.)

 

On July 13, 2022, the Court denied Cross-Defendant Levon Hairapetian’s Motion for Relief from Entry of Default and Default Judgment.

 

On July 21, 2022, Lienholder Nayrie Tarpinian moved the Court for an order granting her lien in this action and granting her leave to intervene to collect the judgment entered January 18, 2022.

 

II.        ANALYSIS

 

A.          Legal Standard

 

1.           Order for Satisfaction of Lien

 

“If the judgment debtor is entitled to money or property under the judgment in the action or special proceeding and a lien created under this article exists, upon application of any party to the action or special proceeding, the court may order that the judgment debtor's rights to money or property under the judgment be applied to the satisfaction of the lien created under this article as ordered by the court. Application for an order under this section shall be on noticed motion. The notice of motion shall be served on all other parties. Service shall be made personally or by mail.” (CCP § 708.470(a).)

 

A lien created under this article may be enforced by any applicable procedure:

(a) After the judgment subject to the lien is entered and the time for appeal from the judgment has expired.

(b) If an appeal is filed from the judgment subject to the lien, after the appeal is finally determined. (CCP § 708.480.)

 

2.           Motion for Leave to Intervene

 

“An intervention takes place when a nonparty, deemed an intervenor, becomes a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plaintiff in claiming what is sought by the complaint. (2) Uniting with a defendant in resisting the claims of a plaintiff. (3) Demanding anything adverse to both a plaintiff and a defendant.” (Code Civ. Proc., § 387(b)(1)-(3).) “A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests.” (Code Civ. Proc., § 387, subd. (c).

 

“The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) A provision of law confers an unconditional right to intervene. (B) The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties.” (Code Civ. Proc., § 387, subd. (d)(1)(A)-(B).)

 

        “The court may, upon timely application, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.” (Code Civ. Proc., § 387, subd. (d)(2).)

 

“It is well settled that the intervener's interest in the matter in litigation must be direct, not consequential, and that it must be an interest which is proper to be determined in the action in which intervention is sought.” (Simpson Redwood Co. v. State of California (1987) 196 Cal.App.3d 1192, 1199-1200.) An interest is consequential and thus insufficient for intervention when the action in which intervention is sought does not directly affect the proposed intervenor, although the results of the action may indirectly benefit or harm the proposed intervenor. (Continental Vinyl Products v. Mead Corp. (1972) 27 Cal.App.3d 543, 550.) Furthermore, “the interest which entitles a party to intervene must be an interest in the matter in litigation in the suit as originally brought, and of such a present, direct, and immediate character that the intervener will either gain or lose by the direct effect of the judgment. [Citations.] An intervener cannot be permitted to broaden the scope or function of such special proceeding by urging claims or contentions which have their proper forum elsewhere.” People v. Brophy (1942) 49 Cal.App.2d 15, 34-35, emphasis in original.)

 

The court permits intervention when the following factors are met: (1) the proper procedures have been followed; (2) the nonparty has a direct and immediate interest in the action; (3) the intervention will not enlarge the issues in the litigation; and (4) the reasons for the intervention outweigh any opposition by the parties presently in the action. (Siena Court Homeowners Ass’n v. Green Valley Corp. (2008) 164 Cal.App.4th 1416, 1428.) Code of Civil Procedure section 387 should be liberally construed in favor of intervention. (Simpson Redwood Co. v. State of California (1987) 196 Cal.App.3d 1192, 1200.)

 

B.          Discussion

 

On July 12, 2017, a Notice of Lien was filed in a previous case against Defendants Levon Isadzhanyan and LSI General Engineering & Construction, LLC by Lien Claimants Nayrie Tarpinian and Gary Tarpinian following judgment in a previous case. (Schneider Decl., ¶¶ 1-3, Exs. 1-3.) On January 18, 2022, the Court signed its default judgment in the amount of $111,549.63 against Defendant Levon Hairapetian. Two hundred nine days have passed since the January 18, 2022 entry of default judgment, longer than the one hundred eighty-day appeal period following default judgment.

 

The Court authorizes Tarpinian’s lien against the January 18, 2022 default judgment.

 

The Court further GRANTS Ms. Tarpinian leave to intervene to collect and resolve the judgment in this matter. The Court finds that the required procedural standards have been met by the instant motion. Ms. Tarpinian has a direct and immediate interest in the present case. Further, there is no evidence that intervention at this step will enlarge litigation issues. No opposition has been filed in the present case.

 

The Court GRANTS Tarpinian leave to collect on her judgment from Mr. Hairapetian. The Court allows Mr. Hairapetian to satisfy his judgment by paying Ms. Tarpinian. Ms. Tarpinian is ordered to credit Mr. Isadzhanyan against the Tarpinian Judgment in the amount of the judgment in this matter.

 

III.     CONCLUSION

 

Lienholder Nayrie Tarpinian’s Motion to Enforce Lien and Leave to Intervene for Purposes of Collection of Judgment Entered on January 18, 2022 is GRANTED.