This case was last updated from Los Angeles County Superior Courts on 05/07/2019 at 14:18:22 (UTC).

SAMIRA SAHA VS RICKEY LC COLLEY JR

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4312

  • Filing Date:

    06/20/2016

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

EDWARD B. MORETON

 

Party Details

Plaintiff and Petitioner

SAHA SAMIRA

Defendants and Respondents

DOES 1-20

COLLEY RICKEY L. JR.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

LAW OFFICE OF BRENT KRAMER

KRAMER BRENT A.

 

Court Documents

Minute Order

1/17/2018: Minute Order

Motion for Order

3/14/2019: Motion for Order

Motion to Compel Discovery

3/14/2019: Motion to Compel Discovery

Notice of Change of Address or Other Contact Information

4/12/2019: Notice of Change of Address or Other Contact Information

SUMMONS

6/20/2016: SUMMONS

Unknown

6/20/2016: Unknown

REQUEST FOR ENTRY OF DEFAULT

9/12/2016: REQUEST FOR ENTRY OF DEFAULT

STATEMENT OF DAMAGES

10/13/2016: STATEMENT OF DAMAGES

SUBSTITUTION OF ATTORNEY

10/17/2016: SUBSTITUTION OF ATTORNEY

Minute Order

11/2/2016: Minute Order

CASE SUMMARY IN SUPPORT OF DEFAULT JUDGMENT AGAINST DEFENDANT RICKEY L. COLLEY, JR.

12/23/2016: CASE SUMMARY IN SUPPORT OF DEFAULT JUDGMENT AGAINST DEFENDANT RICKEY L. COLLEY, JR.

Minute Order

1/26/2017: Minute Order

Minute Order

4/5/2017: Minute Order

Minute Order

4/17/2017: Minute Order

JUDGMENT/COURT AFT DEFAULT

6/16/2017: JUDGMENT/COURT AFT DEFAULT

NOTICE OF ENTRY OF JUDGMENT OR ORDER

6/27/2017: NOTICE OF ENTRY OF JUDGMENT OR ORDER

NOTICE OF ASSOCIATION OF COUNSEL

7/12/2017: NOTICE OF ASSOCIATION OF COUNSEL

MEMORANDUM OF COSTS AFTER JUDGMENT, ACKNOWLEDGMENT OF CREDIT, AND DECLARATION OF ACCRUED INTEREST

8/17/2017: MEMORANDUM OF COSTS AFTER JUDGMENT, ACKNOWLEDGMENT OF CREDIT, AND DECLARATION OF ACCRUED INTEREST

27 More Documents Available

 

Docket Entries

  • 04/12/2019
  • Notice of Change of Address or Other Contact Information; Filed by A.P.C. JEN LAW FIRM (Attorney)

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  • 03/14/2019
  • Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion; Filed by Samira Saha (Plaintiff)

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  • 03/14/2019
  • Motion for Order (Charging Order and Forelosure on Limited Liability Membership Interests of Judgment Debtor); Filed by Samira Saha (Plaintiff)

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  • 03/08/2019
  • at 09:30 AM in Department 44, Edward B. Moreton, Presiding; Hearing on Motion - Other (Motion for a Charging Order)

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  • 03/07/2019
  • at 08:30 AM in Department 44, Edward B. Moreton, Presiding; Hearing on Motion to Compel (Discovery per C.C.P. Sec. 708.020)

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  • 02/14/2019
  • at 08:30 AM in Department 44, Edward B. Moreton, Presiding; Hearing on Motion - Other (Motion for a Charging Order) - Not Held - Rescheduled by Party

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  • 12/24/2018
  • at 09:30 AM in Department 44, Edward B. Moreton, Presiding; Hearing on Motion - Other - Not Held - Rescheduled by Party

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  • 12/21/2018
  • Application and Order for Appearance and Examination; Filed by Samira Saha (Plaintiff)

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  • 03/19/2018
  • at 08:30 AM in Department 44; Hearing on Application for Order for Appearance and Examination (Judgment Debtor Examination Hrng; Off Calendar) -

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  • 03/19/2018
  • Minute Order

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73 More Docket Entries
  • 08/02/2016
  • Request for Entry of Default / Judgment; Filed by Plaintiff/Petitioner

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  • 08/02/2016
  • ENTRY OF DEFAULT

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  • 07/01/2016
  • PROOF OF SERVICE SUMMONS

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  • 07/01/2016
  • Proof of Service (not Summons and Complaint); Filed by Samira Saha (Plaintiff)

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  • 06/23/2016
  • Notice of Case Management Conference; Filed by Clerk

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  • 06/23/2016
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 06/20/2016
  • SUMMONS

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  • 06/20/2016
  • CIVIL DEPOSIT

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  • 06/20/2016
  • Complaint; Filed by Samira Saha (Plaintiff)

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  • 06/20/2016
  • COMPLAINT FOR: 1. FRAUD; ETC

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Tentative Rulings

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.)

Analysis: GRANTED

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.