Judge: Stephen P. Pfahler, Case: 21CHCV00866, Date: 2022-08-09 Tentative Ruling

Case Number: 21CHCV00866    Hearing Date: August 9, 2022    Dept: F49

Dept. F-49

Date: 8-9-22

Case #21CHCV00866

Trial Date: N/A

TURNOVER ORDER

MOVING PARTY:                Plaintiff, Umpqua Bank

RESPONDING PARTY:       Unopposed/Defendant, Alexander Everest

RELIEF REQUESTED

Motion for a Turnover Order

SUMMARY OF ACTION

On April 5, 2018, Plaintiff Umpqua Bank provided a $50,000 credit line to Defendant Alexander Everest. Plaintiff alleges Defendant accumulated an unpaid sum of $37,116.53, which remains outstanding.

On November 12, 2021, Plaintiff filed a complaint for Breach of Consumer Loan Agreement, Money Lent, and Account Stated. On February 25, 2022, the court entered a default judgment for $42,873.14. A writ of execution was issued on April 6, 2022.

RULING: Granted.

Plaintiff/Judgment Creditor Umpqua Bank moves for a turnover order seeking stock certificates, voting trust certificates, and other documents in Defendant/Judgment Debtor’s ownership interest in Death Row Records, a California corporation.

Following a writ of execution, a judgment creditor may apply for a turnover order seeking possession or title to certain property. (Code Civ. Proc., § 699.040, subd. (a).) The court may issue the order upon a showing of need. (Code Civ. Proc., § 699.040, subd. (b).)

“The order shall be personally served on the judgment debtor and shall contain a notice to the judgment debtor that failure to comply with the order may subject the judgment debtor to arrest and punishment for contempt of court.” (Code Civ. Proc., § 699.040, subd. (c).) The order includes the required language and was personally served.

The stock certificates constitute either a tangible or intangible asset, but part of the personal property of judgment debtor, and therefore subject to collection. (Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1109.)

The motion is granted.

Plaintiff/Judgment Creditor to give notice.