Judge: Robert B. Broadbelt, Case: 23STCP00080, Date: 2024-06-05 Tentative Ruling

Case Number: 23STCP00080    Hearing Date: June 5, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff / Judgment Creditor 101 Pine Street, LLC  

RESPONDING PARTY:       Unopposed

Motion for Turnover Order for Artwork

The court considered the moving papers filed in connection with this motion.  No opposition papers were filed.

DISCUSSION

Plaintiff and judgment creditor 101 Pine Street, LLC (“Judgment Creditor”) moves the court for a turnover order for assignment and possession of certain personal property and documentary evidence thereof belonging to defendants and judgment debtors Jeroen Bik and Miray Bik (“Judgment Debtors”).

“[A]t the conclusion of a proceeding pursuant to this article, the court may order the judgment debtor’s interest in the property in the possession or under the control of the judgment debtor or the third person or a debt owed by the third person to the judgment debtor to be applied toward the satisfaction of the money judgment if the property is not exempt from enforcement of a money judgment.”  (Code Civ. Proc., § 708.205, subd. (a).)  The court may not order property or debt to be applied toward the satisfaction of a money judgment pursuant to this statute “[i]f a third person examined pursuant to Section 708.120 claims an interest in the property adverse to the judgment debtor or denies the debt and the court does not determine the matter as provided in subdivision (a) of Section 708.180 . . . .”  (Code Civ. Proc., § 708.205, subd. (b).)

Similarly, “[i]f a writ of execution is issued, the judgment creditor may apply to the court . . . for an order directing the judgment debtor to transfer to the levying officer either or both of the following: [¶] (1) Possession of the property sought to be levied upon if the property is sought to be levied upon by taking it into custody.  [¶]  (2) Possession of documentary evidence of title to property of or a debt owed to the judgment debtor that is sought to be levied upon.”  (Code Civ. Proc., § 699.040, subd. (a).)  The court may issue an order pursuant to Code of Civil Procedure section 699.040 “upon a showing of need for the order.”  (Code Civ. Proc., § 699.040, subd. (b).)

On January 12, 2023, the court entered judgment pursuant to Code of Civil Procedure section 1710.25 in favor of Judgment Creditor and against Judgment Debtors in the total amount of $140,547.08, consisting of (1) $138,473.17 on the sister state judgment, (2) $1,638.91 in accrued interest on the sister state judgment, and (3) $435 in filing fees for entry of the sister state judgment.  (Jan. 12, 2023 Judgment, p. 1.)  Thereafter, on September 18, 2023, a writ of execution was issued. 

Judgment Creditor has presented evidence establishing (1) that it “has been unsuccessful in collecting any amounts under its Judgment” from Judgment Debtors, and (2) that, during the debtor examinations of Judgment Debtors, Judgment Debtors identified $85,000 in artwork that is located in their property on Cavalleri Road (in Malibu, California), and not pledged to any other creditor.  (Allyn Decl., ¶ 5; Allyn Decl., Ex. 3, Aug. 9, 2023 Judgment Debor Examination Transcript, pp. 61:18-21 [testifying that the art that is the subject of the appraisal belongs to Judgment Debtors], 62:2-10, 63:16-18 [testifying that Judgment Debtors have not pledged any pieces of the subject artwork and sculptures to other creditors]; Allyn Decl., Ex. 4 [Appraisal Report for Judgment Debtors’ artwork].)  Judgment Debtors have not filed an opposition to this motion, contending that Judgment Creditor does not have a need for a turnover order, that Judgment Debtors are not in possession of the subject property, or that the property is exempt from enforcement of a money judgment.  (Code Civ. Proc., §§ 699.040, subd. (b) [court may issue turnover order “upon a showing of need for the order”], 708.205, subd. (a) [court may issue turnover order “if the property is not exempt from enforcement of a money judgment”].)  

Thus, the court finds that Judgment Creditor has met its burden to show that the court may issue a turnover order as requested because Judgment Creditor has shown that (1) a writ of execution has been issued, but that Judgment Creditor has not recovered the amounts due under the judgment, such that Judgment Creditor has shown “need for the [turnover] order” pursuant to Code of Civil Procedure section 699.040, and (2) a judgment debtor examination as to both Judgment Debtors has taken place, such that Judgment Creditor has shown that the court may issue a turnover order pursuant to Code of Civil Procedure section 708.205.  (Code Civ. Proc., §§ 699.040, subds. (a), (b), 708.205, subd. (a).)  The court therefore grants Judgment Creditor’s motion.  (Ibid.)

ORDER

            The court grants plaintiff and judgment creditor 101 Pine Street, LLC’s motion for turnover order for artwork.

            The court will sign and file the proposed “Turnover Order for Artwork Against Defendants / Judgment Debtors Jeroen Bik and Miray Bik,” lodged by judgment creditor 101 Pine Street, LLC on October 5, 2023, as modified by the court.

            The court orders plaintiff and judgment creditor 101 Pine Street, LLC to give notice of this ruling.

IT IS SO ORDERED.

DATED:  June 5, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court