This case was last updated from Los Angeles County Superior Courts on 10/29/2020 at 02:59:24 (UTC).

SHAGHAL LTD. VS TRACY NGUYEN

Case Summary

On 04/02/2019 SHAGHAL LTD filed a Contract - Other Contract lawsuit against TRACY NGUYEN. 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 Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3155

  • Filing Date:

    04/02/2019

  • 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

JAMES E. BLANCARTE

 

Party Details

Plaintiff

SHAGHAL LTD.

Defendant

NGUYEN TRACY DBA ALG TRANSPORT SERVICES DBA ALG LOGISTICS SERVICES

Attorney/Law Firm Details

Plaintiff Attorney

OMRANI SEPEHR

 

Court Documents

Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

8/15/2019: Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

Request for Dismissal - Request for Dismissal

8/15/2019: Request for Dismissal - Request for Dismissal

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest - Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

10/24/2019: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest - Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

Notice of Opposition to Claim of Exemption - Notice of Opposition to Claim of Exemption

12/20/2019: Notice of Opposition to Claim of Exemption - Notice of Opposition to Claim of Exemption

Notice of Hearing on Claim of Exemption or in lieu of Third-Party Claim - Notice of Hearing on Claim of Exemption or in lieu of Third-Party Claim

12/20/2019: Notice of Hearing on Claim of Exemption or in lieu of Third-Party Claim - Notice of Hearing on Claim of Exemption or in lieu of Third-Party Claim

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of Hearing on Claim of Exemption/...) of 04/15/2020

4/15/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of Hearing on Claim of Exemption/...) of 04/15/2020

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

4/30/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of Hearing on Claim of Exemption/...) of 06/17/2020

6/17/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of Hearing on Claim of Exemption/...) of 06/17/2020

Minute Order - Minute Order (Court Order Re: Continuance of Hearing on Claim of Exemption/...)

6/17/2020: Minute Order - Minute Order (Court Order Re: Continuance of Hearing on Claim of Exemption/...)

Order Determining Claim of Exemption - Order Determining Claim of Exemption

6/30/2020: Order Determining Claim of Exemption - Order Determining Claim of Exemption

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

7/2/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Declaration (name extension) - Declaration SUPPLEMENTAL DECLARATION OF SEPEHR OMRANI IN SUPPORT OF PLAINTIFFS MOTION FOR ASSIGNMENT ORDER

8/20/2020: Declaration (name extension) - Declaration SUPPLEMENTAL DECLARATION OF SEPEHR OMRANI IN SUPPORT OF PLAINTIFFS MOTION FOR ASSIGNMENT ORDER

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

8/20/2020: Minute Order - Minute Order (Hearing on Motion for Order Motion for Assignment Order)

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

6/14/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Service by Substituted Service - Proof of Service by Substituted Service

6/14/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Complaint - Complaint

4/2/2019: Complaint - Complaint

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

4/2/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

4/2/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

24 More Documents Available

 

Docket Entries

  • 10/27/2020
  • DocketMinute Order (Hearing on Motion for Order Motion for Assignment Order)

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  • 10/27/2020
  • DocketHearing on Motion for Order Motion for Assignment Order scheduled for 10/27/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 10/27/2020; Result Type to Held - Taken under Submission

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  • 09/17/2020
  • DocketNotice of Rejection - Post Judgment; Filed by: Clerk

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  • 09/01/2020
  • DocketWrit of Execution (Los Angeles); Issued by: Shaghal Ltd. (Plaintiff); As to: Tracy Nguyen (Defendant); County: Los Angeles

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  • 08/20/2020
  • DocketNotice OF CONTINUANCE OF PLAINTIFFS MOTION FOR ASSIGNMENT ORDER; Filed by: Shaghal Ltd. (Plaintiff); As to: Tracy Nguyen (Defendant)

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  • 08/20/2020
  • DocketDeclaration SUPPLEMENTAL DECLARATION OF SEPEHR OMRANI IN SUPPORT OF PLAINTIFFS MOTION FOR ASSIGNMENT ORDER; Filed by: Shaghal Ltd. (Plaintiff)

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  • 08/20/2020
  • DocketMinute Order (Hearing on Motion for Order Motion for Assignment Order)

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  • 08/20/2020
  • DocketOn the Court's own motion, Hearing on Motion for Order Motion for Assignment Order scheduled for 08/20/2020 at 11:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 10/27/2020 10:30 AM

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  • 08/17/2020
  • DocketUpdated -- Writ of Execution (Los Angeles): Filed By: Shaghal Ltd. (Plaintiff); Result: Returned and Filed; Result Date: 08/17/2020

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  • 08/17/2020
  • DocketWrit - Return ( Partially Satisfied);; Costs Credits: 220.57; Interest Credits: 125.58; Principal Credits: 1,898.38; Possession: No; Judgment Satisfaction Type: Partially Satisfied

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38 More Docket Entries
  • 06/14/2019
  • DocketDefault entered as to Tracy Nguyen; On the Complaint filed by Shaghal Ltd. on 04/02/2019

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  • 06/14/2019
  • DocketProof of Service by Substituted Service; Filed by: Shaghal Ltd. (Plaintiff); As to: Tracy Nguyen (Defendant); Proof of Mailing Date: 04/28/2019; Service Cost: 118.45; Service Cost Waived: No

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  • 04/02/2019
  • DocketNon-Jury Trial scheduled for 09/29/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/02/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/05/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/02/2019
  • DocketComplaint; Filed by: Shaghal Ltd. (Plaintiff); As to: Tracy Nguyen (Defendant)

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  • 04/02/2019
  • DocketCivil Case Cover Sheet; Filed by: Shaghal Ltd. (Plaintiff); As to: Tracy Nguyen (Defendant)

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  • 04/02/2019
  • DocketSummons on Complaint; Issued and Filed by: Shaghal Ltd. (Plaintiff); As to: Tracy Nguyen (Defendant)

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  • 04/02/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/02/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/02/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC03155    Hearing Date: October 27, 2020    Dept: 25

HEARING DATE:   Tue., October 27, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Shaghal Ltd. v. Nguyen COMPL. FILED: 04-02-19

CASE NUMBER: 19STLC03155 DEFAULT: 06-14-19

NOTICE:   OK DEF. JDGMT: 09-06-19

PROCEEDINGS    MOTION FOR ASSIGNMENT ORDER

MOVING PARTY:   Judgment Creditor Shaghal Ltd.

RESP. PARTY: None

MOTION FOR ASSIGNMENT ORDER

(CCP §§ 708.510, 708.520)

TENTATIVE RULING:

Judgment Creditor Shaghal Ltd.’s Motion for Assignment Order is DENIED.

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 October 23, 2020 [   ] Late [X] None

REPLY: None filed as of October 23, 2020 [   ] Late [X] None

ANALYSIS:

  1. Background

On April 2, 2019, Judgment Creditor Shaghal Ltd. (“Judgment Creditor”) filed an action for breach of contract, open book account, account stated, negligence, and fraud against Defendant Tracy Nguyen dba ALG Transport Services and dba ALG Logistics Services (“Judgment Debtor”). Following Judgment Debtor’s failure to answer the Complaint, default was entered against her on June 14, 2019. On September 6, 2019, a default judgment was entered in the amount of $10,917.26. (9/6/19 Judgment.)

On April 29, 2020, Judgment Creditor filed the instant Motion for Assignment Order (the “Motion”).

At the initial August 20, 2020 hearing, the Court ordered Judgment Creditor to file and serve supplemental papers and documentary evidence to support its request. (8/20/20 Minute Order.) That same day, Judgment Creditor filed a supplemental declaration.

To date, no opposition has been filed.

  1. 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).

  1. Discussion

Judgment Creditor seeks an assignment order for the rights to payments due or to become due to Judgment Debtor from Evergreen Shipping Agency (America) Corporation c/o The Prentice-Hall Corporation Systems, Inc. (Mot., p. 2:1-6.)

At the initial hearing on August 20, 2020, the Court found that Judgment Creditor’s evidence was insufficient to demonstrate Judgment Debtor received, or would receive, payments from Evergreen Shipping Agency Corporation. (8/20/20 Minute Order.) Accordingly, Judgment Creditor was ordered to file and serve supplemental papers and evidence supporting its request. (Id.)

That same day, Judgment Creditor’s counsel filed a supplemental declaration. Counsel explains that on December 10, 2019, he spoke to Judgment Debtor over the phone who stated that she used a company referred to simply as “Evergreen” as a broker. (8/20/20 Omrani Decl., ¶ 4, Exh. A.) Counsel then asked his client Judgment Creditor to confirm that Judgment Debtor was still one of “Evergreen’s” vendors. (Id.) Counsel states that on December 28, 2019, Judgment Creditor confirmed for him that “Evergreen” still worked with Judgment Debtor over the phone and via email. (Id. at ¶ 5, Exh. B.) As evidence, Counsel attaches an email from Asi Ryan which simply states, “This is the company from evergreen shipping line they are paying to Tracy”. (Id.) Counsel also attaches a screenshot of what appears to be an email signature line without further explanation. (Id.)

The Court finds Judgment Creditor’s evidence insufficient. The Court cannot issue an assignment order based on unverified statements. Accordingly, the Motion is DENIED.

  1. Conclusion & Order

For the foregoing reasons, Judgment Creditor Shaghal Ltd.’s Motion for Assignment Order is DENIED.

Moving party is ordered to give notice.

Case Number: 19STLC03155    Hearing Date: August 20, 2020    Dept: 25

HEARING DATE: Thu., August 20, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Shaghal Ltd. v. Nguyen COMPL. FILED: 04-02-19

CASE NUMBER: 19STLC03155 DEFAULT: 06-14-19

NOTICE: OK DEF. JDGMT: 09-06-19

PROCEEDINGS: MOTION FOR ASSIGNMENT ORDER

MOVING PARTY: Judgment Creditor Shaghal Ltd.

RESP. PARTY: None

MOTION FOR ASSIGNMENT ORDER

(CCP §§ 708.510, 708.520)

TENTATIVE RULING:

Judgment Creditor Shaghal Ltd.’s Motion for Assignment Order is CONTINUED TO OCTOBER 27. 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Judgment Creditor must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar.

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 18, 2020 [ ] Late [X] None

REPLY: None filed as of August 18, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On April 2, 2019, Judgment Creditor Shaghal Ltd. (“Judgment Creditor”) filed an action for breach of contract, open book account, account stated, negligence, and fraud against Defendant Tracy Nguyen dba ALG Transport Services and dba ALG Logistics Services (“Judgment Debtor”). Following Judgment Debtor’s failure to answer the Complaint, default was entered against her on June 14, 2020. On September 6, 2019, a default judgment was entered in the amount of $10,917.26. (9/6/20 Judgment.)

On April 29, 2020, Judgment Creditor filed the instant Motion for Assignment Order (the “Motion”). To date, Judgment Debtor has not filed an opposition.

  1. 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).

  1. Discussion

Judgment Creditor seeks an assignment order for the rights to payments due or to become due to Judgment Debtor from Evergreen Shipping Agency (America) Corporation c/o The Prentice-Hall Corporation Systems, Inc. (“Evergreen”). (Mot., p. 2:1-6.)

Judgment Creditor’s evidence is insufficient to demonstrate Judgment Debtors receive, or will receive, payments from Evergreen. The only evidence presented is a declaration from Judgment Creditor’s counsel stating that Judgment Debtor provided information demonstrating she was doing business with Evergreen. (Mot., Omrani Decl., ¶ 5.) Counsel also states he investigated by calling Judgment Debtor’s business and by speaking with Judgment Creditor, who confirmed the same through its business records. (Id. at ¶ 6.) However, as no documentary evidence is provided supporting counsel’s findings, the Court cannot issue an assignment order at this time.

  1. Conclusion & Order

For the foregoing reasons, Judgment Creditor Shaghal Ltd.’s Motion for Assignment Order is CONTINUED TO OCTOBER 27, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Judgment Creditor must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar.

Moving party is ordered to give notice.