MEHROUJAN SHIRVANIAN VS ASA BROS INC.

Tentative Rulings

Case Number: LC102065    Hearing Date: August 06, 2020    Dept: W

SHIRVANIAN V. ASA BROS, INC.

MOTION FOR ORDER TO ISSUE CONSUMER CREDIT REPORT

Date of Hearing: August 6, 2020 Trial Date: None set.

Department: W Case No.: LC102065

Moving Party: Assignee Upstream Capital Investments LLC

Responding Party: None

BACKGROUND

On August 28, 2014, Plaintiffs Mehroujan Shirvanian, by and through his successor in interest, Sarkis Shirvanian, Sarkis Shirvanian, Anne Shirvanian, Sarkis Shirvanian, Hasmik Shirvanian, and Seda Shirvanian brought a complaint against Defendant Asa Bros, Inc. dba Care Castle for elder abuse, negligence, negligent hiring and supervision, fraud, and wrongful death.

On November 17, 2014, Plaintiffs filed a Doe Amendment naming Sergey Yazichian as Doe Defendant 1.

On December 17, 2015, default judgment was entered against Sergey Yazichian and Asa Bros, Inc. dba Care Castle in the amount of $1,325,377.95. The judgment was then assigned by Plaintiff to Upstream Capital Care Investments, LLC.

[TENTATIVE] RULING:

Assignee Upstream Capital Investments LLC’s Motion for Order to Issue Consumer Credit Report is GRANTED.

DISCUSSION

Assignee Upstream Capital Care Investments, LLC seeks an order directing one or more credit reporting agencies to provide a copy of Judgment Debtor’s credit report pursuant to Civil Code section 1785.11 and Code of Civil Procedure section 187 as Defendants have been unwilling to enter into a voluntary settlement. Moreover, Upstream contends it is believed that information contained in the consumer credit report will allow for successful enforcement of the court’s judgment and lead to satisfaction of the judgment which has been entered against Sergey Yazichian.

Code of Civil Procedure section 187 provides “[w]hen jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.”

Civil Code section 1785.11 provides a consumer credit reporting agency shall furnish a consumer credit report in response to the order of a court having jurisdiction to issue an order. (CC §1785.11(a)(1).) The court finds that the moving party has adequately established good cause to order the credit report in this case, given the substantial judgment it has obtained and the failure of defendants to satisfy the judgment. (Yeargin Decl. ¶4.)

Based on the foregoing, Assignee Upstream Capital Investments LLC’s Motion for Order to Issue Consumer Credit Report is GRANTED.