This case was last updated from Los Angeles County Superior Courts on 07/23/2020 at 10:30:31 (UTC).

CERAMIC TILE AND STONE CONSULTANTS, INC. VS SOLISTONE, INC.

Case Summary

On 01/22/2019 CERAMIC TILE AND STONE CONSULTANTS, INC filed a Contract - Other Contract lawsuit against SOLISTONE, INC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0738

  • Filing Date:

    01/22/2019

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiffs

CERAMIC TILE AND STONE CONSULTANTS INC.

CERAMIC TILE AND STONE CONSULTANTS INC. A CALIFORNIA CORPORATION

Defendants

SOLISTONE INC.

SOLISTONE INC. A CALIFORNIA CORPORATION

Not Classified By Court

BESHARAT SOLI

Attorney/Law Firm Details

Plaintiff Attorney

LAKE DAVID NATHAN

Defendant Attorney

ABELL MARK AARON

 

Court Documents

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

3/24/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Declaration (name extension) - Declaration of David Lake In Support of Motion for Assignment Order

2/14/2020: Declaration (name extension) - Declaration of David Lake In Support of Motion for Assignment Order

Declaration (name extension) - Declaration of Kevin Klaser In Support of Motion for Assignment Order

2/14/2020: Declaration (name extension) - Declaration of Kevin Klaser In Support of Motion for Assignment Order

Notice (name extension) - Notice of Continued Hearing on Motion for Assignment Order

2/14/2020: Notice (name extension) - Notice of Continued Hearing on Motion for Assignment Order

Application and Order for Appearance and Examination - Application and Order for Appearance and Examination

9/16/2019: Application and Order for Appearance and Examination - Application and Order for Appearance and Examination

Declaration (name extension) - Declaration of Donato Pompo in Support of Default Judgment

8/15/2019: Declaration (name extension) - Declaration of Donato Pompo in Support of Default Judgment

Declaration (name extension) - Declaration of David N. Lake In Support of Default Judgment

8/15/2019: Declaration (name extension) - Declaration of David N. Lake In Support of Default Judgment

Minute Order - Minute Order (Order to Show Cause Re: Defendants Representation of Counsel)

7/31/2019: Minute Order - Minute Order (Order to Show Cause Re: Defendants Representation of Counsel)

Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

5/8/2019: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel - Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel

5/28/2019: Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel - Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel

Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

5/8/2019: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

Notice (name extension) - Notice of Unavailability

4/29/2019: Notice (name extension) - Notice of Unavailability

Answer - Answer

3/4/2019: Answer - Answer

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

3/25/2019: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Civil Case Cover Sheet - Civil Case Cover Sheet

1/22/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

1/22/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

1/22/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

21 More Documents Available

 

Docket Entries

  • 09/10/2020
  • Hearing09/10/2020 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Assignment Order

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  • 09/03/2020
  • Hearing09/03/2020 at 01:30 PM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Application for Order for Appearance and Examination

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  • 03/24/2020
  • DocketOrder for Continuance/Setting of Judgment Debtor Examination; Filed by: Clerk

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  • 03/24/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 03/24/2020
  • DocketReset - Court Unavailable, Hearing on Application for Order for Appearance and Examination scheduled for 04/15/2020 at 01:30 PM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 09/03/2020 01:30 PM

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  • 03/24/2020
  • DocketReset - Court Unavailable, Hearing on Motion for Assignment Order scheduled for 04/23/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 09/10/2020 10:30 AM

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  • 02/14/2020
  • DocketNotice of Continued Hearing on Motion for Assignment Order; Filed by: Ceramic Tile and Stone Consultants, Inc., a California corporation (Plaintiff); As to: Solistone, Inc., a California corporation (Defendant)

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  • 02/14/2020
  • DocketDeclaration of Kevin Klaser In Support of Motion for Assignment Order; Filed by: Ceramic Tile and Stone Consultants, Inc., a California corporation (Plaintiff)

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  • 02/14/2020
  • DocketDeclaration of David Lake In Support of Motion for Assignment Order; Filed by: Ceramic Tile and Stone Consultants, Inc., a California corporation (Plaintiff)

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  • 01/27/2020
  • DocketHearing on Motion for Assignment Order scheduled for 04/23/2020 at 10:30 AM in Spring Street Courthouse at Department 26

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41 More Docket Entries
  • 03/04/2019
  • DocketAnswer; Filed by: Solistone, Inc. (Defendant)

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  • 01/25/2019
  • DocketNon-Jury Trial scheduled for 07/21/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/25/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/25/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/25/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 01/22/2019
  • DocketComplaint; Filed by: Ceramic Tile and Stone Consultants, Inc. (Plaintiff); As to: Solistone, Inc. (Defendant)

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  • 01/22/2019
  • DocketSummons on Complaint; Issued and Filed by: Ceramic Tile and Stone Consultants, Inc. (Plaintiff); As to: Solistone, Inc. (Defendant)

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  • 01/22/2019
  • DocketCivil Case Cover Sheet; Filed by: Ceramic Tile and Stone Consultants, Inc. (Plaintiff); As to: Solistone, Inc. (Defendant)

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  • 01/22/2019
  • DocketCivil Case Cover Sheet; Filed by: Ceramic Tile and Stone Consultants, Inc. (Plaintiff); As to: Solistone, Inc. (Defendant)

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  • 01/22/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/22/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC00738    Hearing Date: January 08, 2020    Dept: 94

Judgment Creditor’s Motion for Assignment Order is CONTINUED to April 23, 2020 at 10:30 a.m. in Department 94.

ANALYSIS:  

I. Background

On January 22, 2019, Plaintiff/Judgment Creditor Ceramic Tile & Stone Consultants, Inc. (“Creditor”) filed an action against Defendant/Judgment Debtor Solistone, Inc. (“Debtor”) for breach of contract and goods and services rendered. On March 4, 2019, Debtor filed an Answer.

On May 8, 2019, the Court granted Debtor’s counsel’s motion to be relieved as counsel due to a potential conflict of interest and scheduled a hearing for an Order to Show Cause regarding Defendant’s Representation of Counsel July 31, 2019. (7/31/19 Minute Order.) The Court ordered Defendant to retain a new attorney by the hearing date, or the Court would strike its Answer and enter Default. (Id.

On July 31, 2019 hearing, no appearances by either party were made. (7/31/19 Minute Order.) Because Debtor failed to obtain counsel as directed by the Court, it struck the March 4, 2019 Answer and entered default. (Id.) On September 6, 2019, default judgment was entered against Debtor.

On September 13, 2019, Creditor filed the instant Motion for Assignment Order (the “Motion”).

To date, no opposition or reply briefs have been filed.

I. Legal Standard

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 a 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 dues 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).) Code of Civil Procedure section 708.510(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). 

I. Discussion

The Court entered judgment against Debtor in the amount of $16,844.57 on September 6, 2019. (9/6/19 Judgment.) Defendant has not made any payments toward the judgment as of the date of this Motion. (Mot., p. 2.) On January 8, 2020, the date of this hearing, the outstanding balance on the judgment, including any accrued interest, will be $17,407.59. (Lake Decl., ¶ 3, Exh. B.)

Creditor seeks an order assigning all of Debtor’s right to payment due or to become due through its merchant services agreements or other arrangements or contracts with American Express, Visa, Mastercard, or Discover Card, or any of their subsidiaries or affiliates. (Mot., p. 2.) Creditor argues that Debtor continues to operate its business selling tile and stone, which generates income, at least in part, through the merchant services companies listed above. (Id.) However, Creditor does not provide any evidence whatsoever, that Debtor remains in business or that it receives payment through the listed merchant services companies.

II. Conclusion & Order

Accordingly, Judgment Creditor’s Motion for Assignment Order is CONTINUED to April 23, 2020 at 10:30 a.m. in Department 94.

Judgment Creditor is ordered to submit supplemental briefing supported by admissible factual and documentary evidence with respect to the request for an assignment order. The supplemental papers are to be filed and served at least 16 court days prior to the new hearing date. Failure to comply with the court’s orders may result in the Motion being placed off calendar or denied.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.