On 02/08/2011 GENERAL ELECTRIC CAPITAL CORP filed a Contract - Other Contract lawsuit against PIONEER AUTO EXPRESS CORP. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are RAUL A. SAHAGUN, HICKOK, PHILIP H. and YVONNE T. SANCHEZ. The case status is Disposed - Judgment Entered.
****8102
02/08/2011
Disposed - Judgment Entered
Los Angeles County Superior Courts
Norwalk Courthouse
Los Angeles, California
RAUL A. SAHAGUN
HICKOK, PHILIP H.
YVONNE T. SANCHEZ
GENERAL ELECTRIC CAPITAL CORPORATION
CHAI SANG
CHO KEVIN K AN INDIV.
LEE YOO
PIONEER AUTO EXPRESS CORPORATION
TRAN AUTO LOGISTIC CORP.
CHAI SANG MAN
LEE YOO JEONG
LEE YOO J.
CHAI SANG M.
LEE YOO AKA YOO J. LEE AKA YOO JEONG LEE AN INDIVIDUAL
CHAI SANG AKA SANG M. CHAI AKA SANG MAN CHAI AN INDIVIDUAL
GUARANTY SOLUTIONS RECOVERY FUND 1 LLC
HEMAR ROUSSO & HEALD LLP
MCKENDRICK ROBERT
1/10/2012: Minute Order - MINUTE ORDER ENTERED: 2012-01-10 00:00:00
3/9/2012: Minute Order - MINUTE ORDER ENTERED: 2012-03-09 00:00:00
3/22/2012: Legacy Document - LEGACY DOCUMENT TYPE: PARTIAL DISMISSAL W/OUT PREJUDICE
4/19/2012: Legacy Document - LEGACY DOCUMENT TYPE: PARTIAL DISMISSAL W/OUT PREJUDICE
4/27/2012: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION
5/16/2012: Other - - ORDER
5/16/2012: Minute Order - MINUTE ORDER ENTERED: 2012-05-16 00:00:00
6/8/2012: Minute Order - MINUTE ORDER ENTERED: 2012-06-08 00:00:00
6/15/2012: Judgment - JUDGMENT - DEFAULT JUDGMENT BY COURT - BEFORE TRIAL - 06/15/2012 ENTERED FOR PLAINTIFF GENERAL ELECTRIC CAPITAL CORPORATION AGAINST DEFENDANT PIONEER AUTO EXPRESS CORPORATION, A CORPORATION
1/28/2019: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest
1/28/2019: Assignment of Judgment
1/28/2019: Assignment of Judgment
1/31/2019: Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)
3/11/2020: Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)
10/5/2020: Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)
11/20/2020: Application for Order of Sale of Dwelling
11/23/2020: Application for Order of Sale of Dwelling
12/23/2020: Order - COURT ORDER/RULING (HEARING 12-23-20)
Docketat 1:30 PM in Department C; Hearing on Motion for Order (Application for Issuance for Order of Sale of Dwelling) - Held - Motion Granted
DocketCourt Order/Ruling (Hearing 12-23-20); Filed by Clerk
DocketMinute Order ( (Hearing on Motion for Order Application for Issuance for Orde...)); Filed by Clerk
DocketProof of Service (not Summons and Complaint); Filed by GUARANTY SOLUTIONS RECOVERY FUND 1, LLC (Assignee)
DocketMemorandum of Points & Authorities; Filed by Guaranty Solutions Recovery Fund 1, LLC (Assignee)
DocketApplication for Order of Sale of Dwelling; Filed by Guaranty Solutions Recovery Fund 1, LLC (Assignee)
DocketProof of Service (not Summons and Complaint); Filed by Guaranty Solutions Recovery Fund 1, LLC (Assignee)
DocketDeclaration (of Robert V. McKendrick); Filed by Guaranty Solutions Recovery Fund 1, LLC (Assignee)
DocketDeclaration re: Order for Sale of Dwelling; Filed by GUARANTY SOLUTIONS RECOVERY FUND 1, LLC (Assignee)
DocketProof of Service (not Summons and Complaint); Filed by GUARANTY SOLUTIONS RECOVERY FUND 1, LLC (Assignee); GENERAL ELECTRIC CAPITAL CORPORATION (Plaintiff)
DocketDeclaration of Tim Kocher; Filed by GENERAL ELECTRIC CAPITAL CORPORATION (Plaintiff)
DocketMemorandum of Points & Authorities; Filed by GENERAL ELECTRIC CAPITAL CORPORATION (Plaintiff)
DocketNotice of Motion; Filed by Attorney for Plaintiff
DocketNotice of Motion; Filed by GENERAL ELECTRIC CAPITAL CORPORATION (Plaintiff)
DocketComplaint filed-Summons Issued
DocketCivil Case Cover Sheet; Filed by GENERAL ELECTRIC CAPITAL CORPORATION (Plaintiff)
DocketNotice of Case Management Conference; Filed by null
DocketNotice-Case Management Conference
DocketSummons; Filed by GENERAL ELECTRIC CAPITAL CORPORATION (Plaintiff)
DocketComplaint filed-Summons Issued; Filed by null
Case Number: VC058102 Hearing Date: December 23, 2020 Dept: C
GENERAL ELECTRIC CAPITAL CORP. v. PIONEER AUTO EXPRESS CORP.
CASE NO.: VC058102
HEARING: 12/23/2020
JUDGE: OLIVIA ROSALES
#3
TENTATIVE ORDER
Judgment Creditor GENERAL ELECTRIC CAPITAL CORP.’s unopposed application for issuance for order of sale of dwelling is GRANTED.
Moving Party to give Notice
No Opposition filed as of December 18, 2020.
The judgment creditor must file the application for an order of sale in the county where the dwelling is located. (See CCP 704.750.) The court shall determine whether the dwelling is exempt. If the court determines that the dwelling is exempt, the court shall determine the amount of the homestead exemption and the fair market value of the dwelling. If the court determines that the dwelling is not exempt, the court shall make an order for sale of the property in the manner provided in Article 6 (commencing with Section 701.510) of Chapter 3. (CCP 704.780(b).)
Homestead Exemption
If the records of the county tax assessor indicate that there is a current homeowner's exemption or disabled veteran's exemption for the dwelling claimed by the judgment debtor or the judgment debtor's spouse, the judgment creditor has the burden of proof that the dwelling is not a homestead. If the records of the county tax assessor indicate that there is not a current homeowner's exemption or disabled veteran's exemption for the dwelling claimed by the judgment debtor or the judgment debtor's spouse, the burden of proof that the dwelling is a homestead is on the person who claims that the dwelling is a homestead. (CCP 704.780(a)(1).)
(a) The amount of the homestead exemption is one of the following: (1) Seventy-five thousand dollars ($75,000) unless the judgment debtor or spouse of the judgment debtor who resides in the homestead is a person described in paragraph (2) or (3). (2) One hundred thousand dollars ($100,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead a member of a family unit, and there is at least one member of the family unit who owns no interest in the homestead or whose only interest in the homestead is a community property interest with the judgment debtor. (3) One hundred seventy-five thousand dollars ($175,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead any one of the following: (A) A person 65 years of age or older. (B) A person physically or mentally disabled who as a result of that disability is unable to engage in substantial gainful employment. There is a rebuttable presumption affecting the burden of proof that a person receiving disability insurance benefit payments under Title II or supplemental security income payments under Title XVI of the federal Social Security Act satisfies the requirements of this paragraph as to his or her inability to engage in substantial gainful employment. (C) A person 55 years of age or older with a gross annual income of not more than twenty–five thousand dollars ($25,000) or, if the judgment debtor is married, a gross annual income, including the gross annual income of the judgment debtor’s spouse, of not more than thirty–five thousand dollars ($35,000) and the sale is an involuntary sale. (CCP 704.730.)
Here, no evidence has been presented to indicate that a homestead exemption has been filed. (Mc Kendrick Decl., ¶6.)
The current fair market value of the property is approximately between $430,000.00 and $450,000.00. (McKendrick Decl., ¶8) Title to the property is held in the name of Yoo Jeong Lee, A Married Woman as Her Sole and Separate Property. (Mc Kendrick Decl., Ex. 2.)
The unopposed application is GRANTED.