On 06/20/2016 SAMIRA SAHA filed a Contract - Other Contract lawsuit against RICKEY LC COLLEY JR. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is EDWARD B. MORETON. The case status is Disposed - Judgment Entered.
Disposed - Judgment Entered
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
EDWARD B. MORETON
COLLEY RICKEY L. JR.
LAW OFFICE OF BRENT KRAMER
KRAMER BRENT A.
1/17/2018: Minute Order
3/14/2019: Motion for Order
3/14/2019: Motion to Compel Discovery
4/12/2019: Notice of Change of Address or Other Contact Information
9/12/2016: REQUEST FOR ENTRY OF DEFAULT
10/13/2016: STATEMENT OF DAMAGES
10/17/2016: SUBSTITUTION OF ATTORNEY
11/2/2016: Minute Order
12/23/2016: CASE SUMMARY IN SUPPORT OF DEFAULT JUDGMENT AGAINST DEFENDANT RICKEY L. COLLEY, JR.
1/26/2017: Minute Order
4/5/2017: Minute Order
4/17/2017: Minute Order
6/16/2017: JUDGMENT/COURT AFT DEFAULT
6/27/2017: NOTICE OF ENTRY OF JUDGMENT OR ORDER
7/12/2017: NOTICE OF ASSOCIATION OF COUNSEL
8/17/2017: MEMORANDUM OF COSTS AFTER JUDGMENT, ACKNOWLEDGMENT OF CREDIT, AND DECLARATION OF ACCRUED INTEREST
Notice of Change of Address or Other Contact Information; Filed by A.P.C. JEN LAW FIRM (Attorney)Read MoreRead Less
Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion; Filed by Samira Saha (Plaintiff)Read MoreRead Less
Motion for Order (Charging Order and Forelosure on Limited Liability Membership Interests of Judgment Debtor); Filed by Samira Saha (Plaintiff)Read MoreRead Less
at 09:30 AM in Department 44, Edward B. Moreton, Presiding; Hearing on Motion - Other (Motion for a Charging Order)Read MoreRead Less
at 08:30 AM in Department 44, Edward B. Moreton, Presiding; Hearing on Motion to Compel (Discovery per C.C.P. Sec. 708.020)Read MoreRead Less
at 08:30 AM in Department 44, Edward B. Moreton, Presiding; Hearing on Motion - Other (Motion for a Charging Order) - Not Held - Rescheduled by PartyRead MoreRead Less
at 09:30 AM in Department 44, Edward B. Moreton, Presiding; Hearing on Motion - Other - Not Held - Rescheduled by PartyRead MoreRead Less
Application and Order for Appearance and Examination; Filed by Samira Saha (Plaintiff)Read MoreRead Less
at 08:30 AM in Department 44; Hearing on Application for Order for Appearance and Examination (Judgment Debtor Examination Hrng; Off Calendar) -Read MoreRead Less
Minute OrderRead MoreRead Less
Request for Entry of Default / Judgment; Filed by Plaintiff/PetitionerRead MoreRead Less
ENTRY OF DEFAULTRead MoreRead Less
PROOF OF SERVICE SUMMONSRead MoreRead Less
Proof of Service (not Summons and Complaint); Filed by Samira Saha (Plaintiff)Read MoreRead Less
Notice of Case Management Conference; Filed by ClerkRead MoreRead Less
NOTICE OF CASE MANAGEMENT CONFERENCERead MoreRead Less
SUMMONSRead MoreRead Less
CIVIL DEPOSITRead MoreRead Less
Complaint; Filed by Samira Saha (Plaintiff)Read MoreRead Less
COMPLAINT FOR: 1. FRAUD; ETCRead MoreRead Less
Case Number: BC624312 Hearing Date: September 28, 2020 Dept: 40
MOVING PARTY: Plaintiff and Creditor Samira Saha
OPPOSITION: None Submitted
On June 16, 2017, Judgment was entered against Defendant and judgment debtor Rickey L. Colley, Jr., (hereinafter, “Debtor”) in favor of Plaintiff and judgment creditor Samira Saha, (hereinafter,“ Creditor”) in the principal sum of $264,068.20.
On September 1, 2020, Creditor filed the instant motion requesting a charging order against the following entities: (1) in Smart Money Culture, LLC and (2) RSX LLC, on the grounds that Debtor has an interest in each entity.
The Court considered the moving papers and rules as follows.
Standard: Under Code of Civil Procedure section 708.310: “[i]f a money judgment is rendered against a partner or member but not against the partnership or limited liability company, the judgment debtor’s interest in the partnership or limited liability company may be applied toward the satisfaction of the judgment by an order charging the judgment debtor’s interest pursuant to Section 15673, 16504 and 17302 of the Corporations Code.” (Code Civ. Proc., § 708.310.)
Corporations Code section 17705.3, subdivision (a) provides “[o]n application by a judgment creditor of a member or transferee, a court may enter a charging order against the transferable interest of the judgment debtor for the unsatisfied amount of the judgment. A charging order constitutes a lien on a judgment debtor's transferable interest and requires the limited liability company to pay over to the person to which the charging order was issued any distribution that would otherwise be paid to the judgment debtor.” (Corp. Code, § 17705.3.)
Creditor contends that the judgment entered on June 16, 2017, for $264,068.20, which has a current balance of $$350,937.85, remains wholly unsatisfied. (Mtn., Decl. Jen, ¶ 13.) The Motion is also supported by evidence that Debtor has an interest in Smart Money Culture, LLC and RSX LLC. (Id. at Exs. B and C.)
Pursuant to Code of Civil Procedure section 708.320, subdivision (a), “[a] lien on a judgment debtor’s interest in a partnership or limited liability company is created by service of a notice of motion for a charging order on the judgment debtor and on … (2) all members of the limited liability company.” Here, Creditor served the instant motion on Debtor, the only member of the limited liability companies. (Mtn., Proof of Service.)
Therefore, Creditor has complied with the statutory requirements for issuance of a charging order with respect to Debtor’s interest in Smart Money Culture, LLC and RSX LLC.
Creditor Samira Saha’s Motion for a Charging Order is GRANTED and Moving party to provide notice.