Judge: Stephen P. Pfahler, Case: BC407123, Date: 2024-12-04 Tentative Ruling

Case Number: BC407123    Hearing Date: December 4, 2024    Dept: 68

Dept. 68

Date: 12-4-24

Case #BC407123

Trial Date: N/A

REASSIGNMENT OF JUDGMENT

MOVING PARTY: Plaintiff, Alfredo Garcia

RESPONDING PARTIES: Unopposed/Third Party, Ex Parte Collection Services, LLC

RELIEF REQUESTED

Motion for Reassignment of Collection Assignment

SUMMARY OF ACTION

Plaintiff Alfredo Garcia holds a certain judgment against Adams West Associates, Ltd., A California Limited Partnership. On an uncertain date, Garcia assigned collection of the judgment to third party Ex Parte Collection Services, LLC.

RULING: Denied.

Plaintiff/Judgment Creditor Alfredo Garcia moves for reassignment of the assigned debt collection from third party Ex Parte Collection Services, LLC back to Judgment Debtor. Th motion is based on the suspension of Ex Parte Collection Services, LLC by the California Secretary of State due to nonpayment of taxes to the California State Franchise Tax Board, and therefore an inability to lawfully conduct any collection activities.

Garcia represents the judgment was assigned to Ex Parte Collection Services, LLC via Civil Code section 954.  The court record lacks any evidence of a noticed assignment of the judgment and ability to actually undertake collection efforts. (Civ. Code, § 954.5; Great Western Bank v. Kong (2001) 90 Cal.App.4th 28, 31-32.)

The authority cited by Judgement Creditor only provides general statements of court authority for order of its calendar, without substantively addressing any basis of jurisdiction or power over Ex Parte Collection Services, LLC to enforce any such order for reassignment. After significant review of authority, the court declines to forge a basis for relief given the paucity of direct legal citation addressing the situation regarding jurisdiction and procedure.

The court understands the situation presenting an effectively uncollectible judgment given the suspension, but given the assignment under Civil Code section 954, et seq. the court requires more evidence and thorough address of applicable authority for a basis to grant relief.

The motion is DENIED without prejudice.

Judgment Creditor to give notice to all parties.