This case was last updated from Los Angeles County Superior Courts on 09/16/2021 at 08:41:11 (UTC).

ONEFUNDER INC VS MAGNOLIA SYSTEMS LLC, ET AL.

Case Summary

On 09/21/2020 ONEFUNDER INC filed an Other - Sister State Judgment lawsuit against MAGNOLIA SYSTEMS LLC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SAMANTHA JESSNER. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3027

  • Filing Date:

    09/21/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Other - Sister State Judgment

  • County, State:

    Los Angeles, California

Judge Details

Judge

SAMANTHA JESSNER

 

Party Details

Plaintiff

ONEFUNDER INC DBA ONEFUNDER

Defendants

MAGNOLIA SYSTEMS LLC DBA MAGNOLIA SYSTEMS

HAN JUNG

INLAND IMPORT AND EXPORT GROUP LLC

Attorney/Law Firm Details

Plaintiff Attorney

VELEN ANGELA A

 

Court Documents

Notice of Ruling - Notice of Ruling

8/10/2021: Notice of Ruling - Notice of Ruling

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

7/26/2021: Minute Order - Minute Order (Hearing on Motion for Order Assignment Order)

Writ - Return - Writ - Return

7/20/2021: Writ - Return - Writ - Return

Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

3/15/2021: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Notice of Motion - Notice of Motion

3/15/2021: Notice of Motion - Notice of Motion

Notice (name extension) - Notice of case reassignment

3/4/2021: Notice (name extension) - Notice of case reassignment

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

2/23/2021: Application and Order for Appearance and Examination - Application and Order for Appearance and Examination

Certificate of Mailing for - Certificate of Mailing for (Court Order Re Reassignment) of 02/16/2021

2/16/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order Re Reassignment) of 02/16/2021

Minute Order - Minute Order (Court Order Re Reassignment)

2/16/2021: Minute Order - Minute Order (Court Order Re Reassignment)

Motion for Order (name extension) - Motion for Order Motion For Assignment Order

2/8/2021: Motion for Order (name extension) - Motion for Order Motion For Assignment Order

Writ of Execution - Writ of Execution

12/9/2020: Writ of Execution - Writ of Execution

Proof of Service (Sister State Judgment) - Proof of Service (Sister State Judgment)

11/5/2020: Proof of Service (Sister State Judgment) - Proof of Service (Sister State Judgment)

Proof of Service (Sister State Judgment) - Proof of Service (Sister State Judgment)

11/5/2020: Proof of Service (Sister State Judgment) - Proof of Service (Sister State Judgment)

Application for Entry of Judgment on Sister-State Judgment - Application for Entry of Judgment on Sister-State Judgment

9/21/2020: Application for Entry of Judgment on Sister-State Judgment - Application for Entry of Judgment on Sister-State Judgment

Notice (name extension) - Notice Notice of Entry of Judgment

9/21/2020: Notice (name extension) - Notice Notice of Entry of Judgment

Civil Case Cover Sheet - Civil Case Cover Sheet

9/21/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Judgment - Judgment Judgment on Sister State Judgment

9/21/2020: Judgment - Judgment Judgment on Sister State Judgment

First Amended Standing Order - First Amended Standing Order

9/21/2020: First Amended Standing Order - First Amended Standing Order

6 More Documents Available

 

Docket Entries

  • 08/10/2021
  • DocketNotice of Ruling; Filed by: Onefunder Inc (Plaintiff)

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  • 07/26/2021
  • DocketMinute Order (Hearing on Motion for Order Assignment Order)

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  • 07/26/2021
  • DocketHearing on Motion for Order Assignment Order scheduled for 07/26/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 07/26/2021; Result Type to Held - Motion Granted

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  • 07/20/2021
  • DocketUpdated -- Writ of Execution: Filed By: Onefunder Inc (Plaintiff); Result: Returned and Filed; Result Date: 07/20/2021

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  • 07/20/2021
  • DocketWrit - Return ( Unsatisfied);; Costs Credits: 0.00; Interest Credits: 0.00; Principal Credits: 0.00; Possession: No; Judgment Satisfaction Type: Unsatisfied

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  • 06/23/2021
  • DocketPursuant to the request of moving party, Hearing on Application for Order for Appearance and Examination scheduled for 07/22/2021 at 01:30 PM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Party on 06/23/2021

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  • 03/15/2021
  • DocketNotice of Motion; Filed by: Onefunder Inc (Plaintiff)

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  • 03/15/2021
  • DocketProof of Mailing (Substituted Service); Filed by: Onefunder Inc (Plaintiff); As to: Magnolia Systems LLC (Defendant); Inland Import and Export Group LLC (Defendant); Mailing Date: 03/03/2021; Cost Waived: No

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  • 03/15/2021
  • DocketHearing on Motion for Order Assignment Order scheduled for 07/26/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 03/04/2021
  • DocketNotice of case reassignment; Filed by: Onefunder Inc (Plaintiff); As to: Magnolia Systems LLC (Defendant); Inland Import and Export Group LLC (Defendant); Jung Han (Defendant)

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11 More Docket Entries
  • 11/05/2020
  • DocketProof of Service (Sister State Judgment); Filed by: Onefunder Inc (Plaintiff); As to: Jung Han (Defendant); Service Date: 10/03/2020

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  • 10/03/2020
  • DocketThe case is placed in special status of: Stay - Other

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  • 10/03/2020
  • DocketThe case is placed in special status of: Stay - Other

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  • 09/21/2020
  • DocketApplication for Entry of Judgment on Sister-State Judgment; Filed by: Onefunder Inc (Plaintiff); As to: Magnolia Systems LLC (Defendant); Inland Import and Export Group LLC (Defendant); Jung Han (Defendant)

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  • 09/21/2020
  • DocketCivil Case Cover Sheet; Filed by: Onefunder Inc (Plaintiff); As to: Magnolia Systems LLC (Defendant); Inland Import and Export Group LLC (Defendant); Jung Han (Defendant)

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  • 09/21/2020
  • DocketJudgment Judgment on Sister State Judgment; Filed by: Onefunder Inc (Plaintiff); As to: Magnolia Systems LLC (Defendant); Inland Import and Export Group LLC (Defendant); Jung Han (Defendant)

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  • 09/21/2020
  • DocketNotice Notice of Entry of Judgment; Filed by: Onefunder Inc (Plaintiff); As to: Magnolia Systems LLC (Defendant); Inland Import and Export Group LLC (Defendant); Jung Han (Defendant)

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  • 09/21/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/21/2020
  • DocketCourt orders judgment entered for Plaintiff Onefunder Inc DBA Onefunder against Defendant Magnolia Systems LLC DBA Magnolia Systems, Defendant Jung Han and Defendant Inland Import and Export Group LLC on the Petition filed by Onefunder Inc on 09/21/2020 for the principal amount of $21,847.87, interest of $2,596.60, and costs of $370.00 for a total of $24,814.47.

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  • 09/21/2020
  • DocketCase assigned to Hon. Samantha Jessner in Department 1 Stanley Mosk Courthouse

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Tentative Rulings

b'

Case Number: 20STCP03027 Hearing Date: July 26, 2021 Dept: 25

PROCEEDINGS: MOTION\r\nFOR ASSIGNMENT ORDER

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MOVING PARTY: Judgment\r\nCreditor Onefunder, Inc.

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RESP. PARTY: None

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MOTION FOR ASSIGNMENT ORDER

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(CCP §§ 708.510, 708.520)

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TENTATIVE RULING:

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Judgment Creditor Onefunder, Inc.’s\r\nMotion for Assignment Order is GRANTED.

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SERVICE: \r\n

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[X]\r\nProof of Service Timely Filed (CRC, rule 3.1300) OK

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[X]\r\nCorrect Address (CCP §§ 1013, 1013a) OK

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[X]\r\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

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OPPOSITION: None filed as of July 21,\r\n2021 [ ] Late [X] None

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REPLY: None filed as\r\nof July 21, 2021 [ ]\r\nLate [X] None

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ANALYSIS:

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I. \r\nBackground

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On March 12, 2019, a judgment of $21,847.87 was entered\r\nagainst Judgment Debtors Magnolia Systems, LLC dba Magnolia Systems/Inland\r\nImport and Export Group, LLC (“Magnolia”) and Jung Han (“Han”) and in favor of\r\nJudgment Creditor Onefunder, Inc. dba Onefunder. (“Creditor”). (9/21/20 Application\r\nfor Entry of Judgment.)

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Creditor domesticated the New York\r\njudgment in California on September 21, 2020. (9/21/20 Judgment.) A notice of\r\nentry of judgment was sub-served on Debtor Han on October 3, 2020. (11/5/20\r\nProof of Service.)

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On February 8, 2021, Creditor filed\r\nthe instant Motion for Assignment Order (the “Motion”). No opposition was\r\nfiled.

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II. \r\nLegal\r\nStandard

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Code of Civil Procedure, section\r\n708.510, subdivision (a) states, in relevant part:

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(a) Except as otherwise provided by law, upon application\r\nof the judgment creditor on noticed motion, the court may order the judgment\r\ndebtor to assign to the judgment creditor or to a receiver appointed pursuant\r\nto Article 7 (commencing with Section 708.610) all or part of a right to payment\r\ndue or to become due, whether or not the right is conditioned on future\r\ndevelopments, including but not limited to the following types of\r\npayments:

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(1) Wages due from the federal government that are not subject to\r\nwithholding under an earnings withholding order.

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(2)\r\nRents.

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(3)\r\nCommissions.

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(4)\r\nRoyalties.

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(5)\r\nPayments due from a patent or copyright.

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(6)\r\nInsurance policy loan value.

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(Code Civ. Proc., § 708.510, subd.\r\n(a).) (Emphasis added.) Code of Civil Procedure section 708.510, subdivision (c),\r\nfurther provides:

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[I]n determining whether to order an assignment or the\r\namount of an assignment pursuant to subdivision (a), the court may take into\r\nconsideration all relevant factors, including the following:

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(1) The reasonable requirements of a judgment debtor who is a natural\r\nperson and of persons supported in whole or in part by the judgment debtor.

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(2) Payments the judgment debtor is required to make or that are\r\ndeducted in satisfaction of other judgments and wage assignments, including\r\nearnings assignment orders for support.

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(3) The amount remaining due on the money judgment.

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(4) The amount being or to be received in satisfaction of the right to\r\npayment that may be assigned.

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(Code Civ. Proc., § 708.510, subd.\r\n(c).) Construing all the applicable statutes together, it seems clear that the\r\n“assignment order” contemplated by Code of Civil Procedure, section 708.510, et seq. must include a court order that\r\nassigns a right to payment outright (not simply an order directing the judgment\r\ndebtor to do so).

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III. \r\nDiscussion\r\n

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Judgment Creditor’s attorney states that the judgment\r\nentered on September 21, 2020 remains wholly unsatisfied. (Mot., Velen Decl., ¶\r\n2.)

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Creditor explains it attempted to personally serve Debtor\r\nHan with the notice of entry of judgment at 1537 West Woodcrest Ave.,\r\nFullerton, CA 92833 (the “Woodcrest Property”), but an individual named Justin\r\nKuret (“Kuret”) answered the door. (Id. at ¶ 3.) Kuret informed the\r\nprocess server he rented the property and that Debtor Han was his landlord. (Id.;\r\n11/5/20 Proof of Service.) Creditor also states other collection efforts have\r\nbeen unsuccessful. (Mot., p. 4.)

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Based on the above, it appears\r\nthat Debtor Han will receive rental payments from Justin Kuret for the Woodcrest\r\nProperty. Notably, Debtor Han did not oppose this Motion. Accordingly,\r\nCreditor’s request for an order assigning to it 25% of the rental payments due\r\nto Debtor Han from Kuret until the judgment is satisfied in full is GRANTED.

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IV. \r\nConclusion\r\n& Order

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For the foregoing reasons, Judgment\r\nCreditor Onefunder, Inc.’s Motion for Assignment Order is GRANTED.

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Moving party is ordered to give\r\nnotice.

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