Search

Attributes

This case was last updated from Los Angeles County Superior Courts on 02/20/2021 at 22:18:08 (UTC).

BMC WEST, LLC VS ROBERT TROY NIPAR, ET AL.

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4423

  • Filing Date:

    05/22/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

BMC WEST LLC

Defendants

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

Attorney/Law Firm Details

Plaintiff Attorney

APANIAN MILENE

Defendant Attorneys

TAHIM THAKUR PAMELA

POMEROY TIM

 

Court Documents

Opposition (name extension) - Opposition BMC West LLC's Opposition to Demurrer

2/5/2021: Opposition (name extension) - Opposition BMC West LLC's Opposition to Demurrer

Request for Judicial Notice - Request for Judicial Notice

12/1/2020: Request for Judicial Notice - Request for Judicial Notice

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

12/1/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Declaration (name extension) - Declaration of Meet and Confer

11/19/2020: Declaration (name extension) - Declaration of Meet and Confer

Proof of Personal Service - Proof of Personal Service

10/26/2020: Proof of Personal Service - Proof of Personal Service

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

9/10/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

General Denial - General Denial

9/2/2020: General Denial - General Denial

Request for Dismissal - Request for Dismissal

8/19/2020: Request for Dismissal - Request for Dismissal

Notice (name extension) - Notice of Errata to Complaint

7/20/2020: Notice (name extension) - Notice of Errata to Complaint

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

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

Proof of Personal Service - Proof of Personal Service

6/18/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

6/18/2020: Proof of Personal Service - Proof of Personal Service

First Amended Standing Order - First Amended Standing Order

5/22/2020: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

5/22/2020: Complaint - Complaint

Summons - Summons on Complaint

5/22/2020: Summons - Summons on Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

5/22/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

5/22/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

17 More Documents Available

 

Docket Entries

  • 02/18/2021
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

    Read MoreRead Less
  • 02/18/2021
  • DocketCertificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 02/18/2021; Filed by: Clerk

    Read MoreRead Less
  • 02/18/2021
  • 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

    Read MoreRead Less
  • 02/18/2021
  • 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

    Read MoreRead Less
  • 02/18/2021
  • 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

    Read MoreRead Less
  • 02/09/2021
  • DocketReply to Opposition to Demurrer to Complaint; Filed by: US BANK (Defendant)

    Read MoreRead Less
  • 02/05/2021
  • DocketOpposition BMC West LLC's Opposition to Demurrer; Filed by: BMC WEST, LLC (Plaintiff)

    Read MoreRead Less
  • 12/01/2020
  • DocketMemorandum of Points & Authorities; Filed by: US BANK (Defendant)

    Read MoreRead Less
  • 12/01/2020
  • DocketRequest for Judicial Notice; Filed by: US BANK (Defendant)

    Read MoreRead Less
  • 12/01/2020
  • DocketDemurrer - without Motion to Strike; Filed by: US BANK (Defendant)

    Read MoreRead Less
18 More Docket Entries
  • 06/18/2020
  • 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

    Read MoreRead Less
  • 06/18/2020
  • 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

    Read MoreRead Less
  • 05/22/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 05/22/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 05/22/2020
  • 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.

    Read MoreRead Less
  • 05/22/2020
  • 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.

    Read MoreRead Less
  • 05/22/2020
  • DocketComplaint; Filed by: BMC WEST, LLC (Plaintiff); As to: ROBERT TROY NIPAR (Defendant); ROBERT TROY NIPAR (Defendant); URBAN BUILDERS SPECIALISTS, INC. (Defendant) et al.

    Read MoreRead Less
  • 05/22/2020
  • 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

    Read MoreRead Less
  • 05/22/2020
  • DocketNon-Jury Trial scheduled for 11/19/2021 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 05/22/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

    Read MoreRead Less

Tentative Rulings

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:

  1. 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.

  1. 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.

  1. 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.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where BMC WEST LLC is a litigant

Latest cases where STATE NATIONAL INSURANCE COMPANY INC. is a litigant

Latest cases where NAVIGATORS INSURANCE COMPANY A NEW YORK CORPORATION is a litigant

Latest cases where U.S. Bank National Association is a litigant