This case was last updated from Los Angeles County Superior Courts on 01/07/2021 at 16:04:42 (UTC).

CALIFORNIA STATE UNIVERSITY VS. LETSGOEXPO, INC., ET AL

Case Summary

On 11/03/2011 CALIFORNIA STATE UNIVERSITY filed a Contract - Other Contract lawsuit against LETSGOEXPO, INC . This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN P. PFAHLER. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1868

  • Filing Date:

    11/03/2011

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Chatsworth Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN P. PFAHLER

 

Party Details

Plaintiffs

CALIFORNIA STATE UNIVERSITY

NORTHRIDGE CENTER ON DISABILITIES

Defendants

LETSGOEXPO INC.

LIPSCHULTZ LOUIS O.D.

Attorney/Law Firm Details

Plaintiff Attorneys

LAW OFFICES OF PAUL P. YOUNG

CARLSON ROBERT J.

CHORA| YOUNG LLP

WOLF RIFKIN SHAPIRO & SCHULMAN LLP

ROSENBAUM MARK J

 

Court Documents

Notice of Settlement

1/6/2012: Notice of Settlement

Judgment

4/17/2012: Judgment

Legacy Document - LEGACY DOCUMENT TYPE: EX-PARTE APPLICATION

4/17/2012: Legacy Document - LEGACY DOCUMENT TYPE: EX-PARTE APPLICATION

Other - - NOTICE OF REJECTION - POST JUDGMENT

5/30/2012: Other - - NOTICE OF REJECTION - POST JUDGMENT

Legacy Document - LEGACY DOCUMENT TYPE: MEMORANDUM OF COSTS

3/3/2016: Legacy Document - LEGACY DOCUMENT TYPE: MEMORANDUM OF COSTS

Minute Order - MINUTE ORDER ENTERED: 2016-07-05 00:00:00

7/5/2016: Minute Order - MINUTE ORDER ENTERED: 2016-07-05 00:00:00

Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

9/8/2016: Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

9/21/2016: Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

Substitution of Attorney

6/15/2017: Substitution of Attorney

Writ of Execution - WRIT OF EXECUTION (ORANGE)

5/16/2019: Writ of Execution - WRIT OF EXECUTION (ORANGE)

Stipulation and Order - STIPULATION AND ORDER TO CONTINUE MOTION FOR ORDER TO GARNISH WAGES OF SPOUSE AND SUBSTITUTE REAL PARTY IN INTEREST

1/15/2020: Stipulation and Order - STIPULATION AND ORDER TO CONTINUE MOTION FOR ORDER TO GARNISH WAGES OF SPOUSE AND SUBSTITUTE REAL PARTY IN INTEREST

Stipulation and Order - STIPULATION AND ORDER TO CONTINUE MOTION FOR ASSIGNMENT ORDER

1/15/2020: Stipulation and Order - STIPULATION AND ORDER TO CONTINUE MOTION FOR ASSIGNMENT ORDER

Notice - NOTICE OF ENTRY OF ORDER

1/24/2020: Notice - NOTICE OF ENTRY OF ORDER

Notice Re: Continuance of Hearing and Order

6/3/2020: Notice Re: Continuance of Hearing and Order

Notice - NOTICE OF CONTINUANCE OF MOTION FOR ORDER TO GARNISH WAGES OF SPOUSE OF JUDGMENT DEBTOR AND SUBSTITUTE REAL PARTY IN INTEREST

6/5/2020: Notice - NOTICE OF CONTINUANCE OF MOTION FOR ORDER TO GARNISH WAGES OF SPOUSE OF JUDGMENT DEBTOR AND SUBSTITUTE REAL PARTY IN INTEREST

Notice Re: Continuance of Hearing and Order

6/18/2020: Notice Re: Continuance of Hearing and Order

Notice - NOTICE OF TAKING OFF CALENDAR THE MOTION FOR ORDER TO GARNISH WAGES OF SPOUSE OF JUDGMENT DEBTOR AND SUBSTITUTE REAL PARTY IN INTEREST

9/18/2020: Notice - NOTICE OF TAKING OFF CALENDAR THE MOTION FOR ORDER TO GARNISH WAGES OF SPOUSE OF JUDGMENT DEBTOR AND SUBSTITUTE REAL PARTY IN INTEREST

Order - ORDER ON MOTION FOR ASSIGNMENT ORDER

10/1/2020: Order - ORDER ON MOTION FOR ASSIGNMENT ORDER

34 More Documents Available

 

Docket Entries

  • 10/01/2020
  • DocketOrder (ON MOTION FOR ASSIGNMENT ORDER); Filed by CALIFORNIA STATE UNIVERSITY (Plaintiff); NORTHRIDGE CENTER ON DISABILITIES (Plaintiff)

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  • 09/22/2020
  • Docketat 08:30 AM in Department F49, Stephen P. Pfahler, Presiding; Hearing on Motion for Order (Motion for Order to Garnish Wages of Spouse of Judgment Debtor and Substitute Real Party In Interest) - Not Held - Taken Off Calendar by Party

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  • 09/22/2020
  • DocketAcknowledgment of Satisfaction of Judgment; Filed by CALIFORNIA STATE UNIVERSITY (Plaintiff); NORTHRIDGE CENTER ON DISABILITIES (Plaintiff)

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  • 09/18/2020
  • DocketNotice (that assignment order is satisfied); Filed by CALIFORNIA STATE UNIVERSITY (Plaintiff); NORTHRIDGE CENTER ON DISABILITIES (Plaintiff)

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  • 09/18/2020
  • DocketNotice (of taking off calendar the motion for order to garnish wages of spouse of judgment debtor and substitute real party in interest); Filed by CALIFORNIA STATE UNIVERSITY (Plaintiff); NORTHRIDGE CENTER ON DISABILITIES (Plaintiff)

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  • 09/08/2020
  • Docketat 08:30 AM in Department F49, Stephen P. Pfahler, Presiding; Hearing on Motion for Order (Motion for Assignment Order) - Held

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  • 09/08/2020
  • DocketMinute Order ( (Hearing on Motion for Order Motion for Assignment Order)); Filed by Clerk

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  • 07/13/2020
  • Docketat 08:30 AM in Department F49, Stephen P. Pfahler, Presiding; Hearing on Motion for Order (Motion for Assignment Order) - Not Held - Continued - Court's Motion

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  • 07/09/2020
  • Docketat 08:30 AM in Department F49, Stephen P. Pfahler, Presiding; Hearing on Motion for Order (Motion for Order to Garnish Wages of Spouse of Judgment Debtor and Substitute Real Party In Interest) - Not Held - Continued - Court's Motion

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  • 06/19/2020
  • DocketNotice (of Continuance of Motion for Assignment Order); Filed by CALIFORNIA STATE UNIVERSITY (Plaintiff); NORTHRIDGE CENTER ON DISABILITIES (Plaintiff)

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53 More Docket Entries
  • 04/17/2012
  • DocketPartial Dismissal; Filed by CALIFORNIA STATE UNIVERSITY (Plaintiff); NORTHRIDGE CENTER ON DISABILITIES (Plaintiff)

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  • 04/17/2012
  • DocketEx-Parte Application; Filed by CALIFORNIA STATE UNIVERSITY (Plaintiff); NORTHRIDGE CENTER ON DISABILITIES (Plaintiff)

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  • 01/17/2012
  • DocketNotice of Hearing; Filed by CALIFORNIA STATE UNIVERSITY (Plaintiff)

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  • 01/11/2012
  • DocketOSC-RE Other (Miscellaneous); Filed by Clerk

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  • 01/06/2012
  • DocketNotice of Settlement; Filed by CALIFORNIA STATE UNIVERSITY (Plaintiff); NORTHRIDGE CENTER ON DISABILITIES (Plaintiff)

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  • 12/01/2011
  • DocketProof of Service (not Summons and Complaint); Filed by CALIFORNIA STATE UNIVERSITY (Plaintiff)

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  • 11/03/2011
  • DocketSummons; Filed by null

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  • 11/03/2011
  • DocketComplaint filed-Summons Issued; Filed by null

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  • 11/03/2011
  • DocketCivil Case Cover Sheet; Filed by CALIFORNIA STATE UNIVERSITY (Plaintiff); NORTHRIDGE CENTER ON DISABILITIES (Plaintiff)

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  • 11/03/2011
  • DocketNotice of All Purpose Case Assignment and Notice of Case Management Conference; Filed by Clerk

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Tentative Rulings

Case Number: PC051868    Hearing Date: September 22, 2020    Dept: F49

Dept. F-49

Calendar # 3

Case # PC051868

Date: 9-22-20 c/f 7-9-20 c/f 1-15-20

MOTION TO GARNISH THE WAGES OF NON-DEBTOR SPOUSE

MOVING PARTY: Plaintiff, California State University Center on Disabilities

RESPONDING PARTY: Unopposed/Defendant, Louis Lipschultz; Third Party, Susan A. Cotter

RELIEF REQUESTED:

Motion to Garnish the Wages of Susan A. Cotter, spouse of Judgment Debtor Louis Lipschultz

Motion to Substitute California State University Northridge as the Real Party in Interest

SUMMARY OF ACTION:

In September 2006, Plaintiff California State University Center on Disabilities and Defendant LetsGoExpo, Inc. entered into an agreement, whereby LetsGoExpo would provide operational software services for a conference held in March 2007. The agreement provided that LetsGoExpo would collect registrant and exhibit booth fees and remit the entire balance to Plaintiff less fees from the contract. LetsGoExpo collected said fees; Plaintiff alleges it was owed $421,000 in conference fees. No fees were reimbursed.

On December 27, 2010, Defendant Louis Lipschultz acknowledged the $421,000 balance due, and executed a separate and independent written promise for repayment. On December 10, 2010 and January 28, 2011, Lipschultz paid $53,000 and $13,000, respectively, thereby leaving an outstanding balance of $355,000.

On November 3, 2011, Plaintiff filed its complaint for breach of contract, breach of covenant of good faith and fair dealing, conversion, constructive trust, fraud, common counts and money had and received. On January 6, 2012, Plaintiff filed a notice of settlement relative to Lipschultz. The court entered a joint judgment against Lipschultz and LetsGoExpo for $339,871.50 on April 17, 2012. On May 16, 2019, Plaintiff filed a notice of partial satisfaction of judgment acknowledging payment of $209,000.

RULING: Granted.

Substitute

Plaintiff moves to substitute California State University Northridge as the real party in interest. A court may substitute a party into an action. (Code Civ. Proc., 473, subd. (a).) Plaintiff only seeks to substitute Plaintiff, and otherwise seeks no changes to the underlying judgment. The court can act within its discretion in granting this relief. (Klopstock v. Superior Court in and for City and County of San Francisco

Wage Garnishment

Plaintiff moves to garnish the wages of Susan A. Cotter, spouse of Judgment Debtor Louis Lipschultz.

Code of Civil Procedure, section 706.109 provides: “An earnings withholding order may not be issued against the earnings of the spouse of the judgment debtor except by court order upon noticed motion.” Family Code section 910, subdivision (a) provides. “Except as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse had the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt.”

Plaintiff sufficiently establishes the existence of the marriage between Susan A. Cotter and Louis Lipschultz based on the joint ownership of their home with right of survivorship. [Rosenbaum Decl., Exs. F-G.] The property was acquired in 2007, while the judgment was entered in 2012, thereby rendering the debt subject to the community estate. Plaintiff also submits evidence of employment with Southern California College of Optometry.

The motion for wage garnishment is therefore granted. Judgment creditor to submit an order in compliance with Code of Civil Procedure section 706.125. Order and employer return to be drafted and served on the employer in compliance with Code of Civil Procedure sections 706.108 and 706.126.

Moving Party to given notice.

Case Number: PC051868    Hearing Date: September 08, 2020    Dept: F49

Dept. F-49

Calendar # 3

Date: 9-8-20 c/f 7-13-20 c/f 1-17-20

Case # PC051868

MOTION FOR ASSIGNMENT

MOVING PARTY: Plaintiff, California State University Center on Disabilities

RESPONDING PARTY: Unopposed/Defendant, Louis Lipschultz; Third Party, Susan A. Cotter

RELIEF REQUESTED:

Motion for Assignment Order

SUMMARY OF ACTION:

In September 2006, Plaintiff California State University Center on Disabilities and Defendant LetsGoExpo, Inc. entered into an agreement, whereby LetsGoExpo would provide operational software services for a conference held in March 2007. The agreement provided that LetsGoExpo would collect registrant and exhibit booth fees and remit the entire balance to Plaintiff less fees from the contract. LetsGoExpo collected said fees; Plaintiff alleges it was owed $421,000 in conference fees. No fees were reimbursed.

On December 27, 2010, Defendant Louis Lipschultz acknowledged the $421,000 balance due, and executed a separate and independent written promise for repayment. On December 10, 2010 and January 28, 2011, Lipschultz paid $53,000 and $13,000, respectively, thereby leaving an outstanding balance of $355,000.

On November 3, 2011, Plaintiff filed its complaint for breach of contract, breach of covenant of good faith and fair dealing, conversion, constructive trust, fraud, common counts and money had and received. On January 6, 2012, Plaintiff filed a notice of settlement relative to Lipschultz. The court entered a joint judgment against Lipschultz and LetsGoExpo for $339,871.50 on April 17, 2012. On May 16, 2019, Plaintiff filed a notice of partial satisfaction of judgment acknowledging payment of $209,000 by judgment debtors.

RULING: Granted.

Plaintiff moves for an order requiring LetsGoExpor, Inc., Southland Eye – Drs. Lipschultz, Hanno & Associates, and Southland Eye Associates, P.C., an Illinois corporation, requiring the assignment of any payments, fees for services, commissions, etc. to Judgment Debtor Lipschultz to Plaintiff, and enjoining Judgment Debtor Lipschultz from encumbering assignment.

Pursuant to Code of Civil Procedure section 708.510, subdivision (a), which states in relevant part:

[T]he court may order the judgment debtor to assign to the judgment creditor … 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)

(3)

(4)

(5)

(6)

“When an application is made pursuant to Section 708.510 or thereafter, the judgment creditor may apply to the court for an order restraining the judgment debtor from assigning or otherwise disposing of the right to payment that is sought to be assigned. (Code Civ. Proc., § 708.520, subd. (a).)

The motion for assignment and enjoining any interference with the assignment order by Judgment Creditor is granted. The court finds no undertaking necessary. (Code Civ. Proc., § 708.520, subd. (b).)

The order granting assignment must be personally served on judgment debtor. (Code Civ. Proc., § 708.520, subd. (d)]. The assignment order is not effective against any party, or third party, until the completion of service. (Code Civ. Proc., § 708.540].

Motion to garnish wages of Susan A. Cotter on calendar for September 22, 2020.

Moving Party to give notice.