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This case was last updated from Los Angeles County Superior Courts on 02/28/2016 at 17:36:27 (UTC).

RANCHO FOODS, INC. VS. BLUDSO'S BBQ, LLC, ET-AL

Case Summary

On 12/14/2010 RANCHO FOODS, INC filed a Contract - Debt Collection lawsuit against BLUDSO'S BBQ, LLC, ET-AL. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judge overseeing this case is RAUL A. SAHAGUN. The case status is Disposed - Judgment Entered.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    ****7776

  • Filing Date:

    12/14/2010

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

RAUL A. SAHAGUN

 

Party Details

Plaintiff

RANCHO FOODS INC.

Defendants

BLUDSO ERMA AN INDIVIDUAL

BLUDSO KEVIN AN INDIVIDUAL

BLUDSO'S BBQ LLC

Attorney/Law Firm Details

Plaintiff Attorney

COLLECTION AT LAW INC.

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 12/02/2015
  • Writ issued (LOS ANGELES COUNTY $45,242.14 ) Filed by Attorney for Plaintiff

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  • 11/05/2015
  • Filed Writ of Exec (WRIT RETURN LOS ANGELES COUNTY ) Filed by Attorney for Plaintiff

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  • 10/29/2015
  • Request for Correction (WRIT REJ: MEMO OF COST REQUIRED ) Filed by Clerk

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  • 02/24/2015
  • Writ issued (LOS ANGELES COUNTY ) Filed by Attorney for Plaintiff

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  • 02/05/2015
  • Request for Correction (WRIT IS REJECTED--PLEASE INCLUDE ALL DEBTORS INCLUDING ERMA BLUDSO AN INDIVIDUAL DBA BLUDSO'S BBQ ) Filed by Clerk

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  • 08/28/2014
  • Cost Bill After Judgment (POSTJUDGMENT ATTY COSTS $2250.000 ACKNOWLEDGMENT OF CREDIT $5000 INTEREST $11,339.51 ) Filed by Attorney for Plaintiff

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  • 03/04/2014
  • Filed Writ of Exec (RETURN ISSUED 10/3/12 LOS ANGELES ) Filed by Attorney for Plaintiff

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  • 02/19/2013
  • Writ-Other (RETURN ON ATTACHMENT/EXECUTION ISSUED 7/29/11 ) Filed by Clerk

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  • 10/03/2012
  • Appl for Writ of Execution & Ord (ISSUED AGAINST BLUDSO'S BBQ, LLC, A CALIFORNIA LIMITIED LIABILITY COMPANY LOS ANGELES) Filed by Attorney for Plaintiff

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  • 06/21/2011
  • Declaration (OF MARTIN VIGIL PURSUANT TO CCP 585(D) AND 1033 COMPLIANCE AND DEC RE: ACCRUED INTEREST ) Filed by Attorney for Plaintiff

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3 More Docket Entries
  • 04/22/2011
  • Default Entered (AS TO ERMA BLUDSO, An Indiv. dba BLUDSO'S BBQ, LLC. ONLY CRT JG SUBM TO SE-F W/FILE 5/31/11 ) Filed by Attorney for Plaintiff

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  • 04/22/2011
  • Default Entered (AS TO KEVIN BLUDSO, An Indiv. dba BLUDSO'S BBQ, LLC. ONLY CRT JG SUBM TO SE-F W/FILE 5/31/11 ) Filed by Attorney for Plaintiff

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  • 04/22/2011
  • Default Entered (AS TO BLUDSO'S BBQ, LLC A Californ Limited Liability Corp. ONLY CRT JG SUMB TO SE-F W/FILE 5/31/11 ) Filed by Attorney for Plaintiff

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  • 04/22/2011
  • Partial Dismissal W/out Prejudice (AS TO DOES 1 THROUGH 100 ) Filed by Attorney for Plaintiff

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  • 01/14/2011
  • Proof of Service (BY MAIL ) Filed by Attorney for Plaintiff

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  • 01/14/2011
  • Rtn of Service of Summons & Compl (AS TO BLUDSO'S BBQ, LLC ) Filed by Attorney for Plaintiff

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  • 01/14/2011
  • Rtn of Service of Summons & Compl (AS TO ERMA BLUDSO ) Filed by Attorney for Plaintiff

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  • 01/14/2011
  • Rtn of Service of Summons & Compl (AS TO KEVIN BLUDSO ) Filed by Attorney for Plaintiff

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  • 12/14/2010
  • Complaint filed-Summons Issued

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  • 12/14/2010
  • Notice-Case Management Conference

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Tentative Rulings

Case Number: VC057776    Hearing Date: September 03, 2020    Dept: SEC

RANCHO FOODS, INC. v. BLUDSO’S BBQ, LLC, et al.

CASE NO.: VC057776

HEARING: 9/3/20

***CALENDAR MATTER #8***

TENTATIVE ORDER

Plaintiff/Judgment Creditor RANCHO FOODS, INC.’s Motion for Assignment Order is DENIED.

Moving Party to give notice.

Background

This is a breach of contract action. Plaintiff Rancho Foods, Inc. and Defendant Bludso’s BBQ, LLC entered into a contract whereby Plaintiff would sell certain goods to Defendant on fourteen day net terms and Defendant would pay for the goods. Defendant Kevin Bludso personally guaranteed Bludso’s BBQ’s obligations under the agreement. From August 31, 2010 through October 12, 2010, Defendants ordered and received $25,410.91 worth of food. Defendants made partial payments but have failed to pay the remainder of the outstanding amount. Defendants also wrote a check for $7,000, which was returned by Defendants’ bank for non-sufficient funds.

On December 14, 2010, Plaintiff filed a complaint against Defendants Bludso’s BBQ, Kevin Bludso, and Erma Bludso, asserting the following causes of action:

1. Open Book Account

2. Account Stated

3. Reasonable Value

4. Goods Sold and Delivered

5. Breach of Contract

6. Breach of Guarantee

7. Violation of CCP Section 1719

On June 21, 2011, default judgment was entered against Defendants and in favor of Plaintiff in a total amount of $36,627.63.

On July 24, 2020, Plaintiff/Judgment Creditor Rancho Foods, Inc. (“Judgment Creditor”) filed this motion for assignment order.

Legal Standard

Code of Civil Procedure section 708.510(a) states, in relevant part:

(a) Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor or to a receiver appointed pursuant to Article 7 (commencing with Section 708.610) 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:

(1) Wages dues from the federal government that are not subject to withholding under an earnings withholding order.

(2) Rents.

(3) Commissions.

(4) Royalties.

(5) Payments due from a patent or copyright.

(6) Insurance policy loan value.

CCP section 708.510(c), further provides:

[I]n determining whether to order an assignment or the amount of an assignment pursuant to subdivision (a), the court may take into consideration all relevant factors, including the following:

(1) The reasonable requirements of a judgment debtor who is a natural person and of persons supported in whole or in part by the judgment debtor.

(2) Payments the judgment debtor is required to make or that are deducted in satisfaction of other judgments and wage assignments, including earnings assignment orders for support.

(3) The amount remaining due on the money judgment.

(4) The amount being or to be received in satisfaction of the right to payment that may be assigned.

Discussion

Judgment Creditor moves for a court order assigning twenty-five percent of all payments, monies, royalties, percentages, and commissions that are due or become due and owing from J. Howard II LLC dba Bludsos Bar & Que to Judgment Debtor Kevin Bludso (“Judgment Debtor”).

Judgment Creditor has failed to submit evidence demonstrating Judgment Debtor is receiving commissions from J. Howard LLC. Judge Creditor relies on counsel’s declaration. As the declaration is unsigned, it is inadmissible. Even if it were admissible, counsel’s declaration merely states, on information and belief, that Judgment Debtor receives money from J. Howard LLC dba Bludsos Bar &

Que. (Blanda Decl., ¶ 3.) This is insufficient to establish that Judgment Debtor is indeed receiving commission from J. Howard LLC. The restaurant’s webpage showing Judgment Debtor’s connection with Bludsos Bar & Que, the liquor license showing J. Howard LLC owns Bludsos Bar & Que, and the California Secretary of State printout showing J. Howard is a valid California Limited Liability Company are also insufficient to demonstrate Judgment Debtor is receiving commissions from J. Howard LLC.

Accordingly, the motion is denied.

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