Judge: Thomas D. Long, Case: 21STCV40885, Date: 2022-09-15 Tentative Ruling

Case Number: 21STCV40885    Hearing Date: September 15, 2022    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On June 28, 2022, the Court entered judgment in favor of Plaintiff CNP Holdings LLC and against defaulted Defendants Joel Zubaid and Sanittek in the amount of $805,000.00, jointly and severally.

On August 8, 2022, Plaintiff filed a motion for assignment order.  Upon noticed motion, the Court may order a judgment debtor to assign to the judgment creditor all or part of a right to payment due or to become due, including rents.  (Code Civ. Proc., § 708.510, subd. (a).)  When determining whether to order an assignment, the court may consider the reasonable requirements of a judgment debtor, payments the judgment debtor is required to make in satisfaction of other judgments and wage assignments,  the amount remaining due on the money judgment, and the amount to be received in satisfaction of the right to payment that may be assigned.  (Code Civ. Proc., § 708.510, subd. (c).)

“Community property is subject to enforcement of a money judgment as provided in the Family Code.”  (Code Civ. Proc., § 695.020, subd. (a).)  If community property that is subject to enforcement of a money judgment is sought to be applied to the satisfaction of a money judgment, any provision that applies to the property of the judgment debtor, obligations owed to the judgment debtor, or property in the possession or under the control of the judgment debtor also applies to the community property interest of the spouse, obligations owed to the other spouse that are community property, or community property in the possession or under the control of the spouse of the judgment debtor.  (Code Civ. Proc., § 695.020, subd. (b).)

Defendant Joel Zubaid has not paid any amount towards the satisfaction of the judgment.  (Farkas Decl. ¶ 5.)  Plaintiff believes that Joel Zubaid’s spouse, Andrea Pinto Zubaid, has record title ownership interest in four properties from which she receives monthly rental income: (1) 10579 Coloma Street, Loma Linda, CA 92354; (2) 5450 Park Avenue, Loma Linda, CA 92354; (3) 2895 Cole Avenue, Highland, CA 92346; and (4) 7161 East Avenue #72, Rancho Cucamonga, CA 91739.  (Farkas Decl. ¶¶ 6, 8.)  Plaintiff also believes that Joel Zubaid fraudulently conveyed title in those properties for the sole purpose of hiding the property assets and rental income.  (Farkas Decl. ¶ 7.)

Plaintiff seeks an order of assignment of the rental income in order to satisfy the judgment.  (Motion at pp. 6-7.)  Plaintiff also seeks an order retraining Joel Zubaid and Andrea Pinto Zubaid from assigning or disposing of the rental income.  (Id. at p. 8.)

No oppositions were filed, and no claims of exemption were filed.  (See Code Civ. Proc., § 708.550.)

Accordingly, the motion is GRANTED.  Joel Zubaid and Andrea Pinto Zubaid are ordered to assign the right to rental income from the above-referenced properties to Plaintiff, only to the extent necessary to satisfy the judgment.  (See Code Civ. Proc., § 708.510.)  Joel Zubaid and Andrea Pinto Zubaid are also restrained from assigning or otherwise disposing of the right to the rental payments.  (See Code Civ. Proc., § 708.520.)

Plaintiff is ordered to provide personal service of this order on Joel Zubaid and Andrea Pinto Zubaid.  (Code Civ. Proc., § 708.520, subd. (d).)

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

         Dated this 15th day of September 2022