CHICAGO TITLE INSURANCE COMPANY VS ANGELA G. COTTON, ET AL

Tentative Rulings

Case Number: EC064539    Hearing Date: October 23, 2020    Dept: E

MOTION FOR ASSIGNMENT ORDER AND FOR ORDER RESTRAINING JUDGMENT DEBTOR

[CCP §§ 708.510, 708.520]

Date: 10/23/20 (8:30 AM)

Case: Chicago Title Insurance Company v. Angela G. Cotton et al. (EC064539)

TENTATIVE RULING:

Judgment Creditor Chicago Title Insurance Company’s UNOPPOSED Motion for Assignment Order and for Order Restraining Judgment Debtor is GRANTED.

Judgment creditor’s requests for judicial notice as to Exhibits A is GRANTED, pursuant to Evidence Code § 452(d). Judgment creditor’s requests for judicial notice as to Exhibits B is GRANTED, pursuant to Evidence Code § 452(c). Judgment creditor’s requests for judicial notice as to Exhibits C, D, and E are GRANTED pursuant to Evidence Code §§ 452(g) and (h), but only for the limited purposes set forth in Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265. (Fontenot, 198 Cal.App.4th 256, at 265 [“Taken together, the decisions discussed above establish that a court may take judicial notice of the fact of a document's recordation, the date the document was recorded and executed, the parties to the transaction reflected in a recorded document, and the document's legally operative language, assuming there is no genuine dispute regarding the document's authenticity”].”)

The motion for assignment order is granted. Pursuant to CCP § 708.510, judgment debtor Andrew Williams is ordered to assign to the judgment creditor Chicago Title Insurance Company rights to payment from AIW Investments, Inc. (“AIW”), which may take the form of money, benefits (tangible or intangible), professional consulting fees, salary, bonus, commission, stock and stock options, stock dividends, sharehold interest, sharehold dividends, shareholder distributions, corporate dividends, rents, lease payments, reimbursement of loan payments made by Williams on behalf or for the benefit of AIW for certain real property located at 5677 McKinley Avenue, San Bernardino, CA 92406 (the "McKinley Property"), and any and all other reimbursements for monies advanced by Williams on behalf of AIW that may be paid to Judgment Debtor, whether directly or indirectly through AIW or some other third party, and whether or not such right is conditioned on future developments to the extent necessary to pay Judgment Creditor's judgment in full.

The assignments are not to exceed the amount of $142,748.55, plus ten percent per annum interest on this amount from February 8, 2017 to the date of the assignment.

The motion for restraining order is GRANTED. Counsel for judgment creditor’s declaration demonstrates that judgment debtor knows of the possibility of transferring assets from one entity to another, as illustrated by the shifting of ownership in the McKinley Property from Williams to AIW and back to Williams. (RJN Exs. C-E.) Judgment creditor demonstrates the possibility that judgment debtor may attempt to assign the rights to payment from AIW to another entity to evade collection on the judgment entered on February 8, 2017 (RJN Ex. A.)

Judgment debtor Andrew Williams is restrained and prohibited from transferring, encumbering, assigning, disposing or spending any of his rights to payment assigned under the Assignment Order prior to the satisfaction of the judgment creditor's judgment. This restraining order shall remain effective until further order of this Court.