On 05/22/2020 BMC WEST, LLC filed a Property - Other Real Property lawsuit against ROBERT TROY NIPAR. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.
*******4423
05/22/2020
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
BMC WEST LLC
NAVIGATORS INSURANCE COMPANY
PETERS THEADORE
NIPAR ROBERT TROY
NIPAR ROBERT TROY DBA FORTEM CONSTRUCTION
URBAN BUILDERS SPECIALISTS INC.
US BANK
MOISES PRECIADO JR
STATE NATIONAL INSURANCE COMPANY INC. A TEXAS CORPORATION
APANIAN MILENE
TAHIM THAKUR PAMELA
POMEROY TIM
2/5/2021: Opposition (name extension) - Opposition BMC West LLC's Opposition to Demurrer
12/1/2020: Request for Judicial Notice - Request for Judicial Notice
12/1/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike
11/19/2020: Declaration (name extension) - Declaration of Meet and Confer
10/26/2020: Proof of Personal Service - Proof of Personal Service
9/10/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
9/2/2020: General Denial - General Denial
8/19/2020: Request for Dismissal - Request for Dismissal
7/20/2020: Notice (name extension) - Notice of Errata to Complaint
7/1/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service
7/1/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service
6/18/2020: Proof of Personal Service - Proof of Personal Service
6/18/2020: Proof of Personal Service - Proof of Personal Service
5/22/2020: First Amended Standing Order - First Amended Standing Order
5/22/2020: Complaint - Complaint
5/22/2020: Summons - Summons on Complaint
5/22/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
5/22/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
DocketMinute Order (Hearing on Demurrer - without Motion to Strike)
DocketCertificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 02/18/2021; Filed by: Clerk
DocketHearing on Demurrer - without Motion to Strike scheduled for 02/18/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/18/2021; Result Type to Held
DocketNon-Jury Trial scheduled for 11/19/2021 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/18/2021; Result Type to Not Held - Vacated by Court
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/26/2023 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/18/2021; Result Type to Not Held - Vacated by Court
DocketReply to Opposition to Demurrer to Complaint; Filed by: US BANK (Defendant)
DocketOpposition BMC West LLC's Opposition to Demurrer; Filed by: BMC WEST, LLC (Plaintiff)
DocketMemorandum of Points & Authorities; Filed by: US BANK (Defendant)
DocketRequest for Judicial Notice; Filed by: US BANK (Defendant)
DocketDemurrer - without Motion to Strike; Filed by: US BANK (Defendant)
DocketProof of Personal Service; Filed by: BMC WEST, LLC (Plaintiff); As to: US BANK (Defendant); Service Date: 06/04/2020; Service Cost: 63.50; Service Cost Waived: No
DocketProof of Personal Service; Filed by: BMC WEST, LLC (Plaintiff); As to: NAVIGATORS INSURANCE COMPANY (Defendant); Service Date: 06/08/2020; Service Cost: 63.50; Service Cost Waived: No
DocketFirst Amended Standing Order; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCivil Case Cover Sheet; Filed by: BMC WEST, LLC (Plaintiff); As to: ROBERT TROY NIPAR (Defendant); ROBERT TROY NIPAR (Defendant); URBAN BUILDERS SPECIALISTS, INC. (Defendant) et al.
DocketSummons on Complaint; Issued and Filed by: BMC WEST, LLC (Plaintiff); As to: ROBERT TROY NIPAR (Defendant); ROBERT TROY NIPAR (Defendant); URBAN BUILDERS SPECIALISTS, INC. (Defendant) et al.
DocketComplaint; Filed by: BMC WEST, LLC (Plaintiff); As to: ROBERT TROY NIPAR (Defendant); ROBERT TROY NIPAR (Defendant); URBAN BUILDERS SPECIALISTS, INC. (Defendant) et al.
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/26/2023 at 08:30 AM in Spring Street Courthouse at Department 25
DocketNon-Jury Trial scheduled for 11/19/2021 at 08:30 AM in Spring Street Courthouse at Department 25
DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse
Case Number: 20STLC04423 Hearing Date: February 18, 2021 Dept: 25
Case Number: LAM15K02851 Hearing Date: February 18, 2021 Dept: 25
HEARING DATE: Thu., February 18, 2021 JUDGE /DEPT: Blancarte/25
CASE NAME: Pawnee Leasing Corp. v. Stunt Vehicles, Inc., et al.
CASE NUMBER: LAM15K02851 COMP. FILED: 03-05-15
NOTICE: OK DEF. JDMT: 01-08-16
PROCEEDINGS: (1 & 2) MOTION FOR ASSIGNMENT OF RIGHTS AND TURNOVER ORDER ON WRIT OF EXECUTION (NORMM EPPERSON & STUNT VEHICLES, INC.)
MOVING PARTY: Judgment Creditor Pawnee Leasing Corporation
RESP. PARTY: None
MOTION FOR ASSIGNMENT ORDER AND FOR TURNOVER ORDER
(CCP §§ 699.040; 708.510, 708.520)
TENTATIVE RULING:
Judgment Creditor Pawnee Leasing Corporation’s Motions for Assignment of Rights and for Turnover Order on Writ of Execution for Norman Epperson and Stunt Vehicles, Inc. are DENIED.
SERVICE:
[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK (both)
[X] Correct Address (CCP §§ 1013, 1013a) OK (both)
[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK (both)
OPPOSITION: None filed as of February 11, 2021 [ ] Late [X] None
REPLY: None filed as of February 11, 2021 [ ] Late [X] None
ANALYSIS:
Background
On January 8, 2016, a default judgment of $12,182.01 was entered against Judgment Debtors Stunt Vehicles, Inc. (“Stunt”) and Norman Epperson (“Epperson”) and in favor of Judgment Creditor Pawnee Leasing Corporation (“Judgment Creditor”). (Mot., Ferns Decl., ¶ 3, Exh. 1.)
Judgment Creditor filed the instant Motions for (1) Assignment of Rights and (2) for Turnover Order on Writ of Execution (the “Motions”), one for each Judgment Debtor. To date, no opposition has been filed.
Legal Standard & Discussion
A. Assignment of Rights
As to Judgment Debtor Stunt, Judgment Creditor seeks an order assigning it the rights to “(1) commissions, residuals, royalties, profit participation payments, or other monies owed to [Defendant Stunt]; (2) any monies owed to [Defendant Stunt] from SAG-AFTRA or SAG-AFTRA & Industry Sound Recordings Distribution Fund; and (3) accounts receivables…” (Stunt Motion, pp. 5:22-6:3.6.) As to Judgment Debtor Epperson, Judgment Creditor seeks an order assigning it the rights to “(1) commissions, residuals, royalties, profit participation payments or other monies owed to [Defendant Epperson]; (2) any monies owed to [Defendant Epperson] aka Normm Epperson from SAG-AFTRA & Industry Sound Recordings Distribution Fund; (3) accounts receivables; … (4) Stock in STUNT VEHICLES 44, a California Corporation; (5) [and t]he corporation entitled STUNT VEHICLES 44, a California corporation. (Epperson Motion, pp. 5:23-6:8.)
Code of Civil Procedure, section 708.510, subdivision (a) states, in relevant part:
(a) Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor or to receiver appointed pursuant to Article 7 (commencing with Section 708.610) all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments, including but not limited to the following types of payments:
(1) Wages due from the federal government that are not subject to withholding under an earnings withholding order.
(2) Rents.
(3) Commissions.
(4) Royalties.
(5) Payments due from a patent or copyright.
(6) Insurance policy loan value.
(Code Civ. Proc., § 708.510, subd. (a).) (Italics added.) Code of Civil Procedure section 708.510, subdivision (c), further provides:
[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.
(Code Civ. Proc., § 708.510, subd. (c).) Construing all the applicable statutes together, it seems clear that the “assignment order” contemplated by Code of Civil Procedure, section 708.510, et seq. must include a court order that assigns a right to payment outright (not simply an order directing the judgment debtor to do so).
First, the Court notes that the evidence Judgment Creditor presents in support of its Motion for an assignment order refers to a “Normm Epperson” not “Norman Epperson.” (Epperson Mot., 8/12/20 Ferns Decl., ¶¶ 6, 7, Exhs. 3, 4.) Specifically, Judgment Creditor’s counsel states (1) that Stunt Vehicles 44 was incorporated by Normm Epperson and that (2) the Facebook page for Normm Epperson shows he is a stunt car driver and performer and an apparent member of SAG-AFTRA. (Id.) However, the Judgment was entered only as to “Norman Epperson.” (Id. at ¶ 3, Exh. 1.) No a.k.a was noted in the Judgment and Judgment Creditor has not filed a motion to amend the judgment to include an a.k.a. Also, Judgment Creditor’s evidence shows that Judgment Debtor Stunt is suspended on the Secretary of State website (id. at ¶ 4, Exh. 2), and in any case, no evidence demonstrates that Debtor Stunt is entitled to any payments from SAG-AFTRA. Furthermore, Judgment Creditor did not identify any additional persons or entities from which Judgment Debtors expect to collect commissions, residuals, royalties, profit participation payments, or other monies owed. No evidence or further details are provided regarding these alleged payments.
For these reasons, the Motions for assignment orders are DENIED.
B. Turnover Order
Judgment Creditor also seeks a turnover order pursuant to Code of Civil Procedure section 699.040. (Motions, pp. 6.) Section 699.040 provides:
“(a) If a writ of execution is issued, the judgment creditor may apply to the court ex parte, or on noticed motion if the court so directs or a court rule so requires, 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. An order pursuant to this paragraph may be served when the property or debt is levied upon or thereafter.” (Code Civ. Proc., § 699.040, subd. (a).)
Here, a Writ of Execution was issued on August 6, 2020. A writ of execution is only enforceable for 180 days. (Code Civ. Proc., 699.530, subd. (b).) Accordingly, Judgment Creditor’s Writ was only enforceable up to February 2, 2021. As the Writ has expired and is no longer enforceable, Judgment Creditor’s request for a turnover order based on the August 6 Writ is DENIED.
Conclusion & Order
For the foregoing reasons, Judgment Creditor Pawnee Leasing Corporation’s Motions for Assignment of Rights and for Turnover Order on Writ of Execution for Norman Epperson and Stunt Vehicles, Inc. are DENIED.
Moving party is ordered to give notice.
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