TRTON SP. Z O.O. VS. SHOPSMARTSSP, INC.
Case Summary
On 05/10/2016 TRTON SP Z O O filed a Contract - Other Contract lawsuit against SHOPSMARTSSP, INC. This case was filed in Los Angeles County Superior Courts, Compton Courthouse located in Los Angeles, California. The Judges overseeing this case are MAURICE A. LEITER and BRIAN S. CURREY. The case status is Disposed - Judgment Entered.
Case Details
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Case Number:
****8433
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Filing Date:
05/10/2016
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Case Status:
Disposed - Judgment Entered
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Courthouse:
Compton Courthouse
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County, State:
Los Angeles, California
Judge Details
Presiding Judges
MAURICE A. LEITER
BRIAN S. CURREY
Party Details
Plaintiffs
TROTON SP. Z O.O.
O.O. TROTON SP. Z
Defendants
SHOPSMARTSSP INC. A CALIFIORNIA
DOES 1 THROUGH 10 INCLUSIVE
Other
LOS ANGELES SUPERIOR COURT
Attorney/Law Firm Details
Plaintiff Attorneys
ALAN L. BRODKIN & ASSOCIATES
BRODKIN ALAN LEE
Court Documents
5/10/2016: Complaint
5/10/2016: Summons
5/10/2016: Civil Case Cover Sheet
5/10/2016: Notice of Case Management Conference
6/6/2016: Legacy Document
8/9/2016: Request for Entry of Default / Judgment
8/22/2016: Legacy Document
8/22/2016: Legacy Document
8/22/2016: Legacy Document
8/22/2016: Legacy Document
8/22/2016: Legacy Document
9/9/2016: Legacy Document
9/29/2016: Application and Order for Appearance and Examination
1/10/2017: Minute Order
12/14/2017: Application and Order for Appearance and Examination
4/2/2018: Application and Order for Appearance and Examination
6/29/2018: Application and Order for Appearance and Examination
10/30/2018: Minute Order
Docket Entries
- 04/10/2019
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Certificate of Mailing for ([Application and Order for Appearance and Examination]); Filed by Clerk
- 03/27/2019
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Application and Order for Appearance and Examination; Filed by TROTON SP. Z O.O. (Plaintiff)
- 10/30/2018
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at 09:00 AM in Department A, Maurice A. Leiter, Presiding; Hearing on Application for Order for Appearance and Examination - Not Held - Taken Off Calendar by Court
- 10/30/2018
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Minute Order ((Hearing on Application for Order for Appearance and Examination)); Filed by Clerk
- 06/29/2018
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Order to Appear for Examination (of shopsmartssp, inc., kasra vahmi, authorized person ); Filed by Attorney for Plaintiff
- 06/29/2018
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Application and Order for Appearance and Examination; Filed by TROTON SP. Z O.O. (Plaintiff)
- 06/28/2018
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at 09:00 AM in Department A; Hearing on Application for Order for Appearance and Examination - Not Held - Taken Off Calendar by Court
- 06/28/2018
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at 09:00 am in Department A, Maurice A. Leiter, Presiding; Judgment Debtor Examination (OF SHOPSMARTSSP, INC.) - No appearance(s), off calendar
- 06/28/2018
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Minute Order; Filed by Clerk
- 04/02/2018
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Order to Appear for Examination (OF SHOPSMARTSSP, INC. ); Filed by Attorney for Plaintiff
- 08/09/2016
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Request for Entry of Default (AS TO SHOPSMARTSSP, INC. REJECT- ADDRESS LISTED DEFAULT DOES NOT MATCH P.O.S ); Filed by Attorney for Plaintiff
- 06/06/2016
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Proof-Service/Summons; Filed by TROTON SP. Z O.O. (Plaintiff)
- 06/06/2016
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Proof-Service/Summons; Filed by Attorney for Plaintiff
- 05/10/2016
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Summons; Filed by null
- 05/10/2016
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Complaint; Filed by TROTON SP. Z O.O. (Plaintiff)
- 05/10/2016
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Complaint Filed
- 05/10/2016
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Notice-Case Management Conference; Filed by Clerk
- 05/10/2016
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Civil Case Cover Sheet; Filed by TROTON SP. Z O.O. (Plaintiff)
- 05/10/2016
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Notice of Case Management Conference; Filed by Clerk
- 05/10/2016
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Summons Filed
Tentative Rulings
Case Number: TC028433 Hearing Date: August 06, 2020 Dept: A
# 7. Troton SP. Z O.O. v. Shopsmartssp, Inc.
Case No.: TC028433
Matter on calendar for: Motion for Assignment Order
Tentative ruling:
Background
Plaintiff Troton SP. Z O.O. extended credit on an open book account to defendant Shopsmartssp, Inc. Defendant then failed to remit necessary payment. On September 9, 2016, Troton obtained a judgment against Shopsmartssp.
Troton has determined that Shopsmartssp has a website through which it conducts online business. It now moves the Court for an order assigning any and all proceeds to Troton.
The motion is unopposed.
For the reasons set forth below, the Court denies the motion without prejudice.
Standard
Code of Civil Procedure § 708.510 empowers the court to assign a judgment creditor all or part of a right to certain payments due or to become due. (C.C.P., § 708.510(a).) The court considers all relevant factors, including but not limited to:
The reasonable requirements of a judgment debtor who is a natural person and of persons supported in whole or in part of the judgment debtor.
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
The amount remaining due on the money judgment.
The amount being or to be received in satisfaction of the right to payment that may be assigned.
(C.C.P., § 708.510(c).) The amount to be assigned cannot exceed the money judgment. (C.C.P., § 708.510(d).
Analysis
The judgment amount is $91,976.73. Troton seeks the assignment of all credit card payments made to Shopsmartssp from its customers on its website. Plaintiff’s counsel declares that Troton “is informed and believes” that that Shopsmartssps is conducting business via an online store. (Decl. Brodkin, ¶ 5.) Allegations on information and belief are inadequate to establish the claimed facts. (San Francisco Newspaper Printing Co. v. Superior Court (1985) 170 Cal.App.3d 438, 442.) Troton must supply the Court with additional information and admissible evidence detailing what is known about Shopsmartssp’s website and related activities to justify the order requested.
Ruling
The motion for an assignment order is denied without prejudice.
Next dates:
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