This case was last updated from Los Angeles County Superior Courts on 10/02/2020 at 08:52:47 (UTC).

LEVIN CORPORATE LAW GROUP, A PROFESSIONAL LAW CORPORATION VS DAVID MICHAEL MAX, ET AL.

Case Summary

On 01/15/2019 LEVIN CORPORATE LAW GROUP, A PROFESSIONAL LAW CORPORATION filed a Contract - Other Contract lawsuit against DAVID MICHAEL MAX. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0537

  • Filing Date:

    01/15/2019

  • 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

JON R. TAKASUGI

 

Party Details

Plaintiff

LEVIN CORPORATE LAW GROUP A PROFESSIONAL LAW CORPORATION FKA SBL COUNSEL

Defendants

MAX WOOD DESIGNS LLC A CALIFORNIA LIMITED LIABILITY COMPANY

MAX DAVID MICHAEL

Attorney/Law Firm Details

Plaintiff Attorney

JEN JERRY J.

 

Court Documents

Minute Order - Minute Order (Hearing on Motion for Order Motion for an Assignment Order)

8/24/2020: Minute Order - Minute Order (Hearing on Motion for Order Motion for an Assignment Order)

Notice of Case Reassignment and Order for Plaintiff to Give Notice - Notice of Case Reassignment and Order for Plaintiff to Give Notice

3/3/2020: Notice of Case Reassignment and Order for Plaintiff to Give Notice - Notice of Case Reassignment and Order for Plaintiff to Give Notice

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

3/24/2020: Application and Order for Appearance and Examination - Application and Order for Appearance and Examination

Motion for Order (name extension) - Motion for Order Notice of Motion and Motion for a Charging Order

5/29/2020: Motion for Order (name extension) - Motion for Order Notice of Motion and Motion for a Charging Order

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

6/4/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice OF CONTINUED HEARING ON MOTION

6/25/2020: Notice (name extension) - Notice OF CONTINUED HEARING ON MOTION

Notice (name extension) - Notice Notice of Filing of Judgment Lien

8/20/2019: Notice (name extension) - Notice Notice of Filing of Judgment Lien

Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

7/26/2019: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

Default Judgment - Default Judgment

7/5/2019: Default Judgment - Default Judgment

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

5/20/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration (name extension) - Declaration Declaration of Plaintiff's Attorney, Jerry Jen re: C.C.P. 1033 and Calculation of Interest

5/20/2019: Declaration (name extension) - Declaration Declaration of Plaintiff's Attorney, Jerry Jen re: C.C.P. 1033 and Calculation of Interest

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

4/11/2019: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Proof of Personal Service - Proof of Personal Service

3/22/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

3/22/2019: Proof of Personal Service - Proof of Personal Service

First Amended Standing Order - First Amended Standing Order

1/15/2019: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

1/15/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

1/15/2019: Summons - Summons on Complaint

Complaint - Complaint

1/15/2019: Complaint - Complaint

12 More Documents Available

 

Docket Entries

  • 02/18/2021
  • Hearing02/18/2021 at 01:30 PM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Application for Order for Appearance and Examination

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  • 08/24/2020
  • DocketCharging Order; Signed and Filed by: LEVIN CORPORATE LAW GROUP, a Professional Law Corporation (Plaintiff); As to: David Michael Max (Defendant)

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  • 08/24/2020
  • DocketMinute Order (Hearing on Motion for Order Motion for an Assignment Order)

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  • 08/24/2020
  • DocketHearing on Motion for Order Motion for an Assignment Order scheduled for 08/24/2020 at 11:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/24/2020; Result Type to Held - Motion Granted

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  • 06/25/2020
  • DocketNotice OF CONTINUED HEARING ON MOTION; Filed by: LEVIN CORPORATE LAW GROUP, a Professional Law Corporation (Plaintiff); As to: David Michael Max (Defendant); MAX WOOD DESIGNS LLC, a California Limited Liability Company (Defendant)

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  • 06/04/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 06/04/2020
  • DocketOn the Court's own motion, Hearing on Motion for Order Motion for an Assignment Order scheduled for 06/29/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 08/24/2020 11:00 AM

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  • 05/29/2020
  • DocketMotion for Order Notice of Motion and Motion for a Charging Order; Filed by: LEVIN CORPORATE LAW GROUP, a Professional Law Corporation (Plaintiff)

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  • 05/29/2020
  • DocketHearing on Motion for Order Motion for an Assignment Order scheduled for 06/29/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 04/29/2020
  • DocketOrder for Continuance/Setting of Judgment Debtor Examination; Filed by: Clerk

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22 More Docket Entries
  • 03/22/2019
  • DocketProof of Personal Service; Filed by: LEVIN CORPORATE LAW GROUP, a Professional Law Corporation (Plaintiff); As to: MAX WOOD DESIGNS LLC, a California Limited Liability Company (Defendant); Service Date: 02/26/2019; Service Cost: 49.00; Service Cost Waived: No

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  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 01/16/2019
  • DocketNon-Jury Trial scheduled for 07/14/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/16/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/18/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/16/2019
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 01/15/2019
  • DocketComplaint; Filed by: LEVIN CORPORATE LAW GROUP, a Professional Law Corporation (Plaintiff); As to: David Michael Max (Defendant); MAX WOOD DESIGNS LLC, a California Limited Liability Company (Defendant)

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  • 01/15/2019
  • DocketSummons on Complaint; Issued and Filed by: LEVIN CORPORATE LAW GROUP, a Professional Law Corporation (Plaintiff); As to: David Michael Max (Defendant); MAX WOOD DESIGNS LLC, a California Limited Liability Company (Defendant)

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  • 01/15/2019
  • DocketCivil Case Cover Sheet; Filed by: LEVIN CORPORATE LAW GROUP, a Professional Law Corporation (Plaintiff); As to: David Michael Max (Defendant); MAX WOOD DESIGNS LLC, a California Limited Liability Company (Defendant)

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  • 01/15/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/15/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC00537    Hearing Date: August 24, 2020    Dept: 25

HEARING DATE: Mon., August 24, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Levin Corporate Law Group v. Max, et al. COMPL. FILED: 01-15-19

CASE NUMBER: 19STLC00537 DEFAULT: 05-20-19

NOTICE: OK DEF. JDGMT: 07-05-19

PROCEEDINGS: MOTION FOR A CHARGING ORDER

MOVING PARTY: Judgment Creditor Levin Corporate Law Group

RESP. PARTY: None

MOTION FOR CHARGING ORDER

(CCP §§ 708.310, 708.320)

TENTATIVE RULING:

Judgment Creditor Levin Corporate Law Group’s Motion for a Charging Order is GRANTED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of August 20, 2020 [ ] Late [X] None

REPLY: None filed as of August 20, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On January 15, 2019, Plaintiff Levin Corporate Law Group, APC f/k/a SBL Counsel (“Judgment Creditor”) filed an action for breach of contract, open book account, and account stated against Judgment Debtors Max Wood Designs, LLC (“Max Wood”) and David Michael Max (“Max”). Following Judgment Debtors’ failure to answer the Complaint, default was entered against them on May 20, 2019. On July 5, 2019, a default judgment was entered against Defendants in the amount of $25,746.10. (7/5/19 Judgment.)

On May 29, 2020, Judgment Creditor filed the instant Motion for a Charging Order (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard

Under Code of Civil Procedure section 708.310: “[i]f a money judgment is rendered against a partner or member but not against the partnership or limited liability company, the judgment debtor's interest in the partnership or limited liability company may be applied toward the satisfaction of the judgment by an order charging the judgment debtor's interest pursuant to Section 15907.3, 16504, or 17705.03 of the Corporations Code.” (Code Civ. Proc., § 708.310.)

Corporations Code section 17705.3, subdivision (a) provides “[o]n application by a judgment creditor of a member or transferee, a court may enter a charging order against the transferable interest of the judgment debtor for the unsatisfied amount of the judgment. A charging order constitutes a lien on a judgment debtor's transferable interest and requires the limited liability company to pay over to the person to which the charging order was issued any distribution that would otherwise be paid to the judgment debtor.” (Corp. Code, § 17705.3.)

  1. Discussion

Judgment Creditor seeks a charging order creating a lien against ROODMAX, LLC on the grounds that Judgment Debtor Max has an interest in that entity. (Mot., p. 2:3-17.)

The Motion contends that the judgment entered on July 5, 2019 for $25,746.10, which has a current balance of $28,539.40 inclusive of post-judgment interest and costs, remains wholly unsatisfied. (Id. at p. 2:19-24, Jen Decl., ¶¶ 5, 7.) The Motion is also supported by evidence that Defendant Max has an interest in ROODMAX, LLC. (Id. at ¶ 4, Exh B.)

Pursuant to Code of Civil Procedure section 708.320, subdivision (a), “[a] lien on a judgment debtor’s interest in a partnership or limited liability company is created by service of a notice of motion for a charging order on the judgment debtor and on … (2) all members of the limited liability company.” Here, Judgment Creditor served the instant Motion on Defendant Max, as well as on Adam Roodman, the one other member of ROODMAX, LLC. (Mot., Proof of Service.)

Judgment Creditor, therefore, has complied with the statutory requirements for issuance of a charging order with respect to Judgment Debtor’s interest in ROODMAX, LLC. Notably, Judgment Debtor has not filed an opposition to this Motion. Thus, the Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Judgment Creditor Levin Corporate Law Group’s Motion for a Charging Order is GRANTED.

Moving party is ordered to give notice.