On 03/27/2012 MOHAMMAD H KAMYAB filed a Contract - Other Contract lawsuit against RAFAEL DAVILA MADRIGAL. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judges overseeing this case are SIRNA, SALVATORE T., OKI, DAN THOMAS and GLORIA WHITE-BROWN. The case status is Disposed - Judgment Entered.
Disposed - Judgment Entered
Los Angeles County Superior Courts
Pomona Courthouse South
Los Angeles, California
SIRNA, SALVATORE T.
OKI, DAN THOMAS
KAMYAB MOHAMMAD H.
LAW OFFICES OF MOHAMMAD H. KAMYAB
MADRIGAL RAFAEL DAVILA
REBEIL CRISTINA ESQ.
4/4/2012: Legacy Document - LEGACY DOCUMENT TYPE: PROOF-SERVICE/SUMMONS
4/5/2012: Notice of Case Management Conference
8/3/2012: Notice of Case Management Conference
8/3/2013: Notice of Change of Address or Other Contact Information
6/12/2014: Legacy Document - LEGACY DOCUMENT TYPE: MISCELLANEOUS-OTHER
7/11/2014: Other - - OTHER - DEF MOYION TO VACATE THE JUDGMENT
8/7/2014: Legacy Document - LEGACY DOCUMENT TYPE: OPPOSITION
8/22/2014: Legacy Document - LEGACY DOCUMENT TYPE: NOTICE OF HEARING
9/10/2014: Legacy Document - LEGACY DOCUMENT TYPE: PROOF-PERSONAL SERVICE
9/23/2014: Minute Order - MINUTE ORDER ENTERED: 2014-09-23 00:00:00
9/23/2014: Other - - OTHER - LAW AND MOTION RULINGS DEPT J
10/23/2014: Abstract of Judgment - Civil and Small Claims
10/11/2016: Writ of Execution
11/6/2019: Other - - OTHER - JUDGMENT CREDITOR'S LOCAL RULE 3.7 STATEMENT
1/22/2020: Proof of Service by Mail
DocketProof of Service by Mail; Filed by MOHAMMAD H. KAMYAB (Plaintiff)Read MoreRead Less
Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Hearing on Application for Order for Appearance and Examination (as to Angel Carrillo and Octavio Ortiz Navarro) - Not Held - Vacated by CourtRead MoreRead Less
Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Hearing on Motion for Order (for assignment of rights to receive rents) - Held - Motion GrantedRead MoreRead Less
DocketOrder (Tentative Ruling); Filed by ClerkRead MoreRead Less
DocketOrder (for Motion for Assignment of Rents)Read MoreRead Less
DocketMinute Order ( (Hearing on Motion for Order for assignment of rights to recei...)); Filed by ClerkRead MoreRead Less
DocketSupplemental Declaration (Post Judgment Debtors Exam); Filed by MOHAMMAD H. KAMYAB (Plaintiff)Read MoreRead Less
Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Hearing on Application for Order for Appearance and Examination - HeldRead MoreRead Less
DocketCertificate of Mailing for ((Hearing on Application for Order for Appearance and Examination) of 11/20/2019); Filed by ClerkRead MoreRead Less
DocketMinute Order ( (Hearing on Application for Order for Appearance and Examination)); Filed by ClerkRead MoreRead Less
DocketMiscellaneous-Other; Filed by DefendantRead MoreRead Less
DocketMinute order entered: 2012-08-14 00:00:00; Filed by ClerkRead MoreRead Less
DocketNotice of Case Management Conference; Filed by ClerkRead MoreRead Less
DocketCase Management Statement; Filed by MOHAMMAD H. KAMYAB (Plaintiff)Read MoreRead Less
DocketAnswer; Filed by RAFAEL DAVILA (Legacy Party)Read MoreRead Less
DocketNotice of Case Management Conference; Filed by ClerkRead MoreRead Less
DocketProof-Service/SummonsRead MoreRead Less
DocketSummons (on Complaint)Read MoreRead Less
DocketCivil Case Cover Sheet; Filed by MOHAMMAD H. KAMYAB (Plaintiff)Read MoreRead Less
DocketComplaint; Filed by MOHAMMAD H. KAMYAB (Plaintiff)Read MoreRead Less
Case Number: KC063458 Hearing Date: January 17, 2020 Dept: J
HEARING DATE: Friday, January 17, 2020
RE: Kamyab v. Madrigal (KC063458)
Plaintiff/Judgment Creditor Mohammad H. Kamyab dba Law Offices of Mohammad H.
Kamyab aka Kamyab Law Firm’s MOTION FOR ASSIGNMENT ORDER AND FOR
RESTRAINING JUDGMENT DEBTOR
Responding Party: None (unopposed, as of 1/13/20)
Plaintiff Mohammad H. Kamyab dba Law Offices of Mohammad H. Kamyab aka Kamyab Law
Firm (“Plaintiff”) alleges that Defendant Rafael Davila Madrigal aka Rafael Davila (“Madrigal”)
failed to pay Plaintiff for legal services rendered.
On March 27, 2012, Plaintiff filed a complaint, asserting causes of action against Madrigal and Does 1-10 for:
Breach of Contract
On June 12, 2014, a court judgment on stipulation was filed in Plaintiff’s favor and against Madrigal in the amount of $45,200.00.
“[U]pon application of the judgment creditor on noticed motion, the 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:. . . (2) Rents.” (CCP § 708.510(a).) The court may take into consideration all relevant factors, including but not limited to (1) the reasonable economic needs of a natural person judgment debtor and those supported partly or wholly by the debtor, (2) payments the judgment debtor is required to make or that are deducted in satisfaction of other judgments and wage assignments, (3) the amount remaining due on the money judgment and (4) the amount remaining to be received on the right to payment. (CCP § 708.510(c).)
A right to payment may be assigned only to the extent necessary to satisfy the money judgment. (CCP § 708.510(b).)
When a 708.510 application is made 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. (CCP § 708.520(a).) The court may issue such an order
upon a showing of need and may, in its discretion, require the judgment creditor to provide an undertaking. (CCP § 708.520(b).) The court may modify or vacate the order at any time on such terms as are just, with or without a hearing. (CCP § 708.520(c).) The order must be personally served on the judgment debtor and contain a notice to the judgment debtor that failure to comply with the order may subject the judgment debtor to being held in contempt of court. (CCP § 708.520(d).)
Plaintiff/Judgment Creditor Mohammad H. Kamyab dba Law Offices of Mohammad H. Kamyab
aka Kamyab Law Firm (“Plaintiff/Judgment Creditor”) moves the court, per CCP § 708.510, for
an order instructing Madrigal to assign Madrigal’s interest in rental payments received from two
entities, i.e., Quick Auto Repair and Carrillo Body Shop & Muffler, located at 1515 South
Alameda Street, Compton, California 90220 (“the Alameda Property”), and all rights to the
payments thereunder, to Plaintiff/Judgment Creditor to the extent necessary to pay the June 12,
2014 judgment in full, including the accrued interest through the date of payment.
Plaintiff/Judgment Creditor also moves the court for an order restraining Madrigal and any
servant, agent, employee, or attorney for Madrigal and person(s) in active concert and
participating with Madrigal from encumbering, assigning, disposing or spending Madrigal’s
interest in the 1515 South Alameda property, and all rights to payment thereunder.
The Court is inclined to order Madrigal to GRANT the requested relief, based upon the
information set forth in the Supplemental Declaration of Judgment Creditor. Judgment Debtor
has not filed any written opposition, nor has Judgment Creditor claimed that all or a portion of
the right to payment is exempt from enforcement of a money judgment by applying to the court
on noticed motion filed not later than 3 days before the instant hearing date. (See CCP §
708.550.) Failure of Judgment Debtor to make a claim of exemption is a waiver of the
 The motion was filed on August 22, 2019 and originally set for hearing on October 7, 2019. On October 7, 2019, the court continued the hearing, on its own motion, to January 17, 2020 and ordered Plaintiff’s counsel to give notice. On October 7, 2019, Plaintiff/Judgment Creditor filed and mail-served a Notice of Ruling. On December 18, 2019, Plaintiff/Judgment Creditor filed a supplemental declaration.
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