On 02/16/2010 U S BANK NATIONAL ASSOCIATION filed a Contract - Other Contract lawsuit against NICK KEROS. This case was filed in Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California. The Judges overseeing this case are C. EDWARD SIMPSON, JAN A. PLUIM, WILLIAM D. STEWART and EDWARD B. MORETON. The case status is Disposed - Judgment Entered.
****4662
02/16/2010
Disposed - Judgment Entered
Los Angeles County Superior Courts
Burbank Courthouse
Los Angeles, California
C. EDWARD SIMPSON
JAN A. PLUIM
WILLIAM D. STEWART
EDWARD B. MORETON
U.S. BANK NATIONAL ASSOCIATION
KEROS NICK
STECKBAUER WEINHART JAFFE LLP
JAMISON & ASSOCIATES
GIPSON HOFFMAN & PANCIONE
MTB INVESTMENTS LLC A TEXAS LLC
STELLAR CAPITAL LLC
REPUBLIC FUNDING GROUP LLC
POLKINGHORN WILLIAM A. ESQ.
REPUBLIC FUNDING GROUP INC.
SHEPPARD MULLIN RICHTER & HAMPTON LLC
KATZ ORI
STECKBAUER WEINHART JAFFE LLP
JAMISON & ASSOCIATES
FOWLER & GOOD LLP
WALLACH JASON DAVID
MARCUS DAVID MORRIS
SHAPERO STEVEN MORRIS
5/31/2011: Legacy Document - LEGACY DOCUMENT TYPE: STIPULATION AND ORDER
12/13/2011: Minute Order - MINUTE ORDER ENTERED: 2011-12-13 00:00:00
3/9/2012: Legacy Document - LEGACY DOCUMENT TYPE: ORDER
3/14/2012: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION
3/14/2012: Legacy Document - LEGACY DOCUMENT TYPE: OPPOSITION
3/23/2012: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION
3/27/2012: Substitution of Attorney
4/5/2012: Legacy Document - LEGACY DOCUMENT TYPE: EX-PARTE APPLICATION
4/5/2012: Legacy Document - LEGACY DOCUMENT TYPE: ORDER
4/6/2012: Proof of Service - Personal (Small Claims)
4/19/2012: Legacy Document - LEGACY DOCUMENT TYPE: NOTICE
10/4/2019: Motion for Order - MOTION FOR ORDER FOR CHARGING ORDER
10/4/2019: Proof of Service by Mail
11/8/2019: Notice of Ruling - ON MOTION FOR CHARGING ORDER
11/15/2019: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...)
11/18/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 11/18/2019, AND COPY OF CHARGING ORDER
2/6/2020: Appeal - Ntc Designating Record of Appeal APP-003/010/103
5/6/2020: Appeal - Notice of Fees Due for Clerk's Transcript on Appeal
DocketAppellate Order Dismissing Appeal (NOA: 01/27/20 B303877); Filed by Clerk
DocketAppeal - Remittitur - Appeal Dismissed (B303877); Filed by Clerk
DocketAppeal Record Delivered; Filed by Clerk
DocketAppeal - Original Clerk's Transcript 1 Volume Certified; Filed by Clerk
DocketNotice (of Renewal of Judgment); Filed by Republic Funding Group, LLC (Assignee)
DocketApplication for and Renewal of Judgment; Filed by Republic Funding Group, LLC (Assignee)
DocketAppeal - Clerk's Transcript Fee Paid (APPELLANT PAID $208.89)
DocketAppeal - Notice of Fees Due for Clerk's Transcript on Appeal; Filed by Clerk
Docketat 08:30 AM in Department A, William D. Stewart, Presiding; Hearing on Application for Order for Appearance and Examination (as to Nick Keros) - Not Held - Taken Off Calendar by Party
DocketMinute Order ( (Hearing on Application for Order for Appearance and Examinati...)); Filed by Clerk
DocketProof-Service/Summons; Filed by U.S. BANK NATIONAL ASSOCIATION (Plaintiff)
DocketProof-Service/Summons; Filed by Attorney for Plaintiff
DocketOrder (FOR EXTENTION OF TIME TO SERVE ); Filed by Attorney for Plaintiff
DocketOrder; Filed by U.S. BANK NATIONAL ASSOCIATION (Plaintiff)
DocketEx Parte Application (for Extension of Time to Serve Pleadings and Orders); Filed by U.S. BANK NATIONAL ASSOCIATION (Plaintiff)
DocketComplaint; Filed by U.S. BANK NATIONAL ASSOCIATION (Plaintiff)
DocketNotice of Case Management Conference
DocketComplaint Filed
DocketSummons (on Complaint); Filed by U.S. BANK NATIONAL ASSOCIATION (Plaintiff)
DocketCivil Case Cover Sheet; Filed by U.S. BANK NATIONAL ASSOCIATION (Plaintiff)
Case Number: GC044662 Hearing Date: November 08, 2019 Dept: A
U.S. Bank (assignee Republic Funding) v Keros
Motion for Charging Order
Calendar: |
21 |
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Case No.: |
GC044662 |
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Hearing Date: |
November 08, 2019 |
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Action Filed: |
February 16, 2010 |
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Trial Date: |
N/A |
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MP: |
Assignee Republic Funding Group, LLC |
RP: |
Judgment Debtor Nick Keros |
ALLEGATIONS:
Judgment Debtor Nick Keros (“Keros”) entered into a stipulated judgment with Plaintiff U.S. Bank National Association (“Plaintiff”) on April 23, 2012, in the amount of $2,450,000.00.
PRESENTATION:
Assignee Republic Funding Group, LLC (“Republic”) filed the instant motion for a charging order on October 04, 2019. Keros opposed the motion on October 28, 2019, and a reply brief was submitted on October 30, 2019.
RELIEF REQUESTED:
Republic moves for a charging order transferring any money or property due or becoming due to Keros in the following limited liability companies:
7846 West Granito Drive, LLC;
Trousdale US Aussie, LLC;
Thrasher NK, LLC;
Runyon NKMS, LLC;
2545 Bowmont, LLC; and
9464 Beverlycrest, LLC.
DISCUSSION:
Standard of Review – Pursuant to Code of Civ. Proc. §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 15907.3, 16504, or 17705.03 of the Corporations Code.”
Standing – Keros argues that Republic lacks standing under the theory that the chain in title of the assignment to Republic violated California law for failure of the out-of-state companies acknowledging the transfer of the debt to properly register as conducting business in the State of California – thus barring them from commencing or maintaining the instant enforcement action against Keros. Opposition, 4:3-8 (citing to United Medical Management Ltd. v. Gatto (1996) 49 Cal. App. 4th 1732; Corp. Code §2203; and Rev. & Tax Code §23301.
Keros’ argument lacks merit, as Corp. Code §191(c)(1) exempts “[m]aintaining or defending any action or suit or any administrative or arbitration proceeding, or effecting the settlement thereof or the settlement of claims or disputes” from the definition of transacting intrastate business that would place the matter at issue regarding the standing of the various corporations. Specifically, there is nothing before the Court that Republic, like United Medical Management Ltd., separate to filing the action, engaged in activities that would subject it to the filing and fee requirements provided in Corp. Code §2203. See United Medical Management Ltd. v. Gatto (1996) 49 Cal. App .4th 1732, 1738 (“On June 29, 1994, UMML qualified to transact intrastate business and was so certified by the Secretary of State on July 11, 1994.”). As far as the Court can tell, the only interaction Republic has with the state is the instant litigation, and because the sole act of “[m]aintaining or defending any action or suit …” is exempted from the definition of intrastate commerce. To the extent that Kero is arguing that the transfers themselves constitute ‘intrastate commerce’ to which the various business entities were required to maintain a legal presence in the state in order to execute an enforceable, contractual transfer, the Court finds that such transactions also fall within the ambit of Corp. Code §191(c)(1).
Accordingly, Keros’ opposition on the basis of Republic’s standing to enforce the stipulated settlement is without merit.
Interest in the LLCs – Keros next argues that Republic has failed to submit evidence of Keros’ interest in the six LLCs subject to the instant motion. Specifically, Keros argues that because the document provided refer to Keros as either a manager or member, the Court should find that there was not the “substantial evidence” required to meet the standard under Code of Civ. Proc. §708.310. The Court first notes that the case relied upon by Keros, Textron Fin. Corp. v. Gallegos (S.D. Cal. Oct. 7, 2015) No. 15CV1678-LAB (DHB), is an unpublished federal case that Keros may not use to support his argument. Next, the Court considers that Keros’ status as either a member or manager of the LLCs is sufficient basis for the Court to issue an order compelling the transfer of “money or property due or becoming due” pursuant to Keros’ work as a manager, or status as a member. Indeed, Keros’ status as either a manager or a member is substantial evidence that there is compensation upon which judgment may be satisfied, or else property upon which judgment may be satisfied.
Accordingly, Keros’ objection on the basis of failure to establish Keros’ interest in the LLCs is overruled.
For the reasons stated above, the Court will grant the motion.
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RULING: GRANT
In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records.
ORDER
Assignee Republic Funding Group, LLC’s Motion for Charging Order came on regularly for hearing on November 08, 2919, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows:
THE MOTION IS GRANTED.
DATE: _______________ _______________________________
JUDGE