Judge: Virginia Keeny, Case: 22VECV00091, Date: 2023-03-27 Tentative Ruling

Case Number: 22VECV00091    Hearing Date: March 27, 2023    Dept: W

DARYL BASKIN v. micah eigler, et al.

motion for assignment order

Date of Hearing:        March 27, 2023                     Trial Date:       February 27, 2023

Department:              W                                            Case No.:        22VECV00091

Moving Party:            Plaintiff Daryl Baskin

Responding Party:     No opposition

BACKGROUND

Plaintiff alleges that Defendant breached his contractual obligations by failing to pay the sum he owed Plaintiff under the parties’ written contract. He further alleges that the Defendant waived the statute of limitations in exchange of Plaintiff not entering judgment against him.

On January 21, 2022, Plaintiff Daryl Baskin (“Plaintiff”) filed this action against Defendant Micah Eigler (“Defendant”), asserting causes of action for (1) breach of contract and (2) common counts.

On February 22, 2022, Defendant filed his Answer.

On January 9, 2023, the court granted Plaintiff’s unopposed Motion for Summary Judgment.

[Tentative] Ruling

Plaintiff’s Motion for Assignment Order is GRANTED.

ANALYSIS

Plaintiff Darly Baskin moves pursuant to Code of Civil Procedure section 708.510 for an order assigning Plaintiff all Defendant’s (“Debtor”) right to payments due or to become due from or through First Capital Real Estate Group, a California corporation (“FCREG”), where Defendant is a salesperson.

“[T]he court may order the judgment debtor to assign to the judgment creditor…all of part of a right to payment due or to become due….” (CCP §708.510(a).) This includes the power to assign rents, commissions, and royalties, amongst several other.  (CCP §708.510(a).) This also includes assets outside the State of California. (See CCP §695.010; In re Estate of Marcos (1995) 910 F.Supp. 1470, 1473.)

“[I]n determining whether to order an assignment or the amount of an assignment pursuant to subdivision (a), the court may take into consideration all relevant factors, including the following: (1) The reasonable requirements of a judgment debtor who is a natural person and of persons supported in whole or in part by the judgment debtor. (2) Payments the judgment debtor is required to make or that are deducted in satisfaction of other judgments and wage assignments, including earnings assignment orders for support. (3) The amount remaining due on the money judgment. (4) The amount being or to be received in satisfaction of the right to payment that may be assigned.” (CCP §708.510(c).) Lastly, “[a] right to payment may be assigned pursuant to this article only to the extent necessary to satisfy the money judgment.” (CCP §708.510(d).)

Plaintiff is entitled to an assignment order. On February 10, 2023, the court entered judgment against Debtor for $284,500.00 (Lake Decl. ¶2, Exh. A.) On February 27, 2023, an abstract of judgment (the "Abstract") was issued. (Court File, February 27, 2023.) No part of the judgment has been paid. (Lake Decl. ¶3.) The current balance due on the judgment as of March 27, 2023 including post-judgment interest is $288,163.42. (Lake Decl. ¶3, Exh. B.) To support Plaintiff’s motion, Plaintiff submits a copy of the Department of Real Estate information regarding First Capital Real Estate Group which reflects Debtor as a Salesperson. (Lake Decl. ¶4, Exh. C.)

This evidence sufficiently demonstrates that the Debtor may be due money from the FCREG that can be assigned to satisfy the Judgment entered in this action. In addition, Plaintiff has included a proof of service with this motion that demonstrates Debtor was served by electronic service with this motion pursuant to Code of Civil Procedure section 684.020. 

Based on the foregoing, Plaintiff’s unopposed motion for assignment order is GRANTED.