Judge: Randall J. Sherman, Case: 2014-00697272, Date: 2022-12-02 Tentative Ruling

Plaintiff and Cross-Defendant Starving Students, Inc.’s Motion for Judgment Creditor to Execute Satisfaction of Judgment is denied.  National Merchant Center, Inc.’s (“NMC”) Objections #1-4 and 6 to the Declaration of Ethan Margalith are sustained, and Objection #5 is overruled.  NMC’s Objection #1 to the Declaration of Steven Slavitt is sustained.  NMC’s Objections #1 and 2 to the Declaration of Deborah F. Sirias are sustained.  NMC’s Objections #1 and 2 to the Declaration of Mark Weisenmiller are sustained.  Plaintiff’s objections to the Declaration of Dean Asher are overruled, except that the objections to the witness’ characterization of the attached deposition testimony are sustained.

Plaintiff’s renewed motion fails to demonstrate that the underlying judgment has in fact been satisfied.  It is undisputed that sometime after the court’s August 27, 2015 turnover order, plaintiff turned over the pink slips of its trucks to Judgment Creditor, Defendant and Cross-Complainant National Merchant Center, Inc.  However, there is no admissible evidence that NMC ever took possession of those trucks or that plaintiff turned over possession of those trucks to NMC.  Plaintiff presents only an illegible spreadsheet that purportedly was sent to NMC before the judgment was entered that indicates the branch locations of the subject trucks, and an inadmissible hearsay e-mail from plaintiff’s counsel suggesting that NMC had told plaintiff’s counsel that it intended to auction off the trucks on February 15, 2016.  Plaintiff’s CEO, Ethan Margalith, however, testified that he believes trucks were stolen.  Thus, there is insufficient admissible evidence to establish that the trucks were given to NMC to satisfy the judgment.

NMC is ordered to give notice of the ruling unless notice is waived.