MOHAMMAD H. KAMYAB VS RAFAEL DAVILA MADRIGAL

Tentative Rulings

Case Number: KC063458    Hearing Date: January 17, 2020    Dept: J

HEARING DATE: Friday, January 17, 2020

NOTICE: OK[1]

RE: Kamyab v. Madrigal (KC063458)

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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)

Tentative Ruling

See below.

Background

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:

1. Breach of Contract

2. Common Count

3. Fraud

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.

Legal Standard

“[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).)

Discussion

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

exemption.