On 02/11/2010 SPLENDID MEDIEN A G filed a Contract - Other Contract lawsuit against DAVID GLASSER. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are ROBERT L. HESS, MATTHEW ST. GEORGE and EDWARD B. MORETON. The case status is Disposed - Judgment Entered.
Disposed - Judgment Entered
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
ROBERT L. HESS
MATTHEW ST. GEORGE
EDWARD B. MORETON
SPLENDID MEDIEN A.G.
DOES 1 THROUGH 20
CHENEY BRENT G.
REYNOLDS JEREMIAH T
1/29/2018: SUBSTITUTION OF ATTORNEY -
2/28/2018: APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION
4/23/2018: Proof of Service -
7/30/2019: Minute Order - MINUTE ORDER (RESCHEDULE MOTION TO AMEND JUDGMENT PURSUANT TO CODE CIV. PRO...)
7/30/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (RESCHEDULE MOTION TO AMEND JUDGMENT PURSUANT TO CODE CIV. PRO...) OF 07/30/2019
8/22/2019: Stipulation - No Order - STIPULATION - NO ORDER FOR AMENDMENT OF JUDGMENT
1/17/2020: Abstract of Judgment - Civil and Small Claims
2/28/2020: Writ - Return
2/28/2020: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest
6/17/2020: Writ - Return - WRIT - RETURN - NO WRIT RETURN ATTACHMENT
7/16/2020: Writ of Execution - WRIT OF EXECUTION (ORANGE)
10/6/2020: Stipulation and Order - STIPULATION AND ORDER TO CONTINUE JUDGMENT DEBTOR EXAMINATION
12/3/2020: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATION)
10/10/2012: RETURN ON ATTACHMENT/EXECUTION
Hearing12/14/2020 at 08:30 AM in Department 24 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Application for Order for Appearance and ExaminationRead MoreRead Less
DocketNotice of Ruling; Filed by A.G. Splendid Medien (Plaintiff)Read MoreRead Less
Docketat 08:30 AM in Department 24; Hearing on Application for Order for Appearance and Examination - Not Held - Continued - Party's MotionRead MoreRead Less
DocketMinute Order ( (Hearing on Application for Order for Appearance and Examination)); Filed by ClerkRead MoreRead Less
Docketat 08:30 AM in Department 24; Hearing on Application for Order for Appearance and Examination - Not Held - Continued - StipulationRead MoreRead Less
DocketOrder (ON STIPULATION TO CONTINUE JUDGMENT DEBTOR EXAMINATION); Filed by A.G. Splendid Medien (Plaintiff)Read MoreRead Less
DocketStipulation and Order (TO CONTINUE JUDGMENT DEBTOR EXAMINATION); Filed by A.G. Splendid Medien (Plaintiff)Read MoreRead Less
DocketAcknowledgment of Satisfaction of Judgment; Filed by A.G. Splendid Medien (Plaintiff)Read MoreRead Less
DocketProof of Personal Service; Filed by A.G. Splendid Medien (Plaintiff)Read MoreRead Less
DocketWrit of Execution ((Orange)); Filed by A.G. Splendid Medien (Plaintiff)Read MoreRead Less
DocketNOTICE OF CASE MANAGEMENT CONFERENCERead MoreRead Less
DocketDefault Entered; Filed by Plaintiff/PetitionerRead MoreRead Less
DocketREQUEST FOR ENTRY OF DEFAULTRead MoreRead Less
DocketPROOF OF SERVICE SIIM!4ONS & COMPIAIFRead MoreRead Less
DocketProof-Service/Summons; Filed by Plaintiff/PetitionerRead MoreRead Less
DocketREQUEST FOR ENTRY OF DEFAULTRead MoreRead Less
DocketRequest for Entry of Default / Judgment; Filed by Plaintiff/PetitionerRead MoreRead Less
DocketCOMPLAINT FOR BREACH OF CONTRACTRead MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketComplaint; Filed by A.G. Splendid Medien (Plaintiff)Read MoreRead Less
Case Number: BC430801 Hearing Date: January 14, 2021 Dept: 24
Plaintiff/Judgment Creditor Splendid Medien, A.G.’s motion for an order charging Defendant/Judgment Debtor David Glasser’s membership interest in 101 Studios, LLC is GRANTED.
This is a post-judgment matter; judgment was first entered by this Court on June 29, 2010, in favor of Plaintiff and Judgment Creditor Splendid Medien, A.G. (“Splendid”) and against Defendant and Judgment Debtor David Glasser (“Glasser”), in the amount of $134,388.70. The judgment was later amended, pursuant to Stipulation, on August 22, 2019 in the amount of $286,000.00, and renewed on April 10, 2020 in the amount of $274,138.48, inclusive of accrued interest, Court approved attorneys’ fees and costs, and credit for payments made to date.
On December 16, 2020, Plaintiff filed the instant motion for an Order Charging Defendant/Judgment Debtor’s Membership Interest in 101 Studios, LLC, a Delaware limited liability company (“101 Studios”). On December 31, 2020, Defendant filed an opposition. On January 7, 2021, Plaintiff filed a reply.
CCP section 708.310 provides that “[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 17705.03 of the Corporations Code.” CCP section 708.320 requires service of the motion on either: (1) All partners or the partnership, or (2) All members or the limited liability company.
Per Corp. Code section 17705.03:
“(a) On 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.
(b) To the extent necessary to effectuate the collection of distributions pursuant to a charging order in effect under subdivision (a), the court may do any of the following:
(1) Appoint a receiver of the distributions subject to the charging order, with the power to make all inquiries the judgment debtor might have made.
(2) Make all other orders necessary to give effect to the charging order.
(3) Upon a showing that distributions under a charging order will not pay the judgment debt within a reasonable time, foreclose the lien and order the sale of the transferable interest. The purchaser at the foreclosure sale obtains only the transferable interest, does not thereby become a member, and is subject to Section 17705.02.
(c) At any time before foreclosure under paragraph (3) of subdivision (b), the member or transferee whose transferable interest is subject to a charging order under subdivision (a) may extinguish the charging order by satisfying the judgment and filing a certified copy of the satisfaction with the court that issued the charging order.
(d) At any time before foreclosure under paragraph (3) of subdivision (b), a limited liability company or one or more members whose transferable interests are not subject to the charging order may pay to the judgment creditor the full amount due under the judgment and thereby succeed to the rights of the judgment creditor, including the charging order.
(e) This title does not deprive any member or transferee of the benefit of any exemption laws applicable to the member's or transferee's transferable interest.
(f) This section provides the exclusive remedy by which a person seeking to enforce a judgment against a member or transferee may, in the capacity of judgment creditor, satisfy the judgment from the judgment debtor's transferable interest.”
The Court finds that the supplemental declaration provides a sufficient showing that Defendant owns holds a 17.79% membership interest in 101 Studios. Plaintiff provides the LLC Agreement signed by Glasser as a member and manager, which affirms Glasser is Chief Executive Officer of 101 Studios and has a 17.79 percent membership interest. (Suppl. Reynolds Decl. ¶¶3-5, Exs. H, I.) The LLC Agreement was produced in this litigation pursuant to a Subpoena issued by counsel for Splendid, and Glasser was provided with the document simultaneously with counsel for Splendid. (Id.) This is substantial evidence of his membership interest.
Further, the Court finds that the amended proposed order declaration addresses the issues raised by Defendant. However, the Court will delete the extraneous “costs” language in paragraph 2. As Plaintiff recognizes, costs may be added to the principal judgment through a separately filed Memorandum of Costs After Judgment or a Costs Motion. Considering this, the second paragraph would already require payment of any appropriately brought costs through the “amount remaining due on the judgment” language. Thus, the Court will delete the extraneous language beginning with “and all costs incurred…”
Accordingly, Plaintiff’s motion is GRANTED.
Moving party is ordered to give notice.
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