On 04/28/2010 VICTOR H OLIVEROS filed a Personal Injury - Other Personal Injury lawsuit against AMERICAN TIRE DEPOT, INC. This case was filed in Los Angeles County Superior Courts, Glendale Courthouse located in Los Angeles, California. The Judge overseeing this case is DONNA FIELDS GOLDSTEIN. The case status is Disposed - Dismissed.
****2929
04/28/2010
Disposed - Dismissed
Los Angeles County Superior Courts
Glendale Courthouse
Los Angeles, California
DONNA FIELDS GOLDSTEIN
OLIVEROS VICTOR H.
ATV INC. (DOE 3)
AMERICAN TIRE DEPOT INC.
TCHAGLASSIAN ARA (DOE 1)
ATD INC. (DOE 2)
THE MANDELL LAW FIRM
Court documents are not available for this case.
Request for Dismissal (with prejudice entire action ) Filed by Attorney for Plaintiff
Notice of Settlement Filed by Attorney for Plaintiff
Default Entered Filed by Attorney for Plaintiff
Request for Entry of Default Filed by Attorney for Plaintiff
Statement-Case Management Filed by Attorney for Plaintiff
Req for Entry of Court's Judgment Filed by Attorney for Plaintiff
Exhibit List (/ declaration of authenticity ) Filed by Attorney for Plaintiff
Declaration (of Pltff. Victor H. Oliveros ) Filed by Attorney for Plaintiff
Miscellaneous-Other (Case Summary/ status of case ) Filed by Attorney for Plaintiff
Proof of Svc of Summons & Co./Ptn. (sub svc and mailing on 7-19-10 ) Filed by Attorney for Plaintiff
Request for Dismissal-Partial (without prejudice as to Doe 2, ATD, Inc. only ) Filed by Attorney for Plaintiff
Statement of Damages Filed by Attorney for Plaintiff
Default Entered Filed by Attorney for Plaintiff
Request for Entry of Default Filed by Attorney for Plaintiff
Amendment to Complaint Filed by Attorney for Plaintiff
Proof of Svc of Summons & Co./Ptn. (sub svc on 5-13-10 and mailed on 5-14-10 ) Filed by Attorney for Plaintiff
Complaint
Notice-Case Management Conference
Summons Filed Filed by Attorney for Plaintiff
Notice (of OSC re trial court delay reduction ) Filed by Court
Case Number: EC052929 Hearing Date: January 24, 2020 Dept: NCB
North Central District
THE E-TAIL NETWORK INC., Plaintiff, v.
M K IMAGING INC., et al., Defendants. |
Case No.: EC058929
Hearing Date: January 24, 2020
[TENTATIVE] order RE: motion for issuance of earnings withholding order against bella abramova, spouse of judgment debtor |
BACKGROUND
Plaintiff The E-Tail Network Inc. (“Plaintiff”) alleges that it entered into an agreement with Defendants M K Imaging Inc. and Karen Mekteryan. The agreement is entitled “Wachovia Bank, National Association Business Line of Credit Agreement” in the amount of $50,000.00. Plaintiff alleges it is the current holder and owner of the agreement. Plaintiff alleges that Defendants have failed to pay the sum of $50,117.55 on the agreement. The complaint, filed on August 17, 2012, alleges causes of action for: (1) breach of contract; (2) breach of guaranty; (3) money lent; (4) money had and received; (5) account stated; and (6) open book account.
On October 4, 2012, the defaults of Defendants were entered.
On December 3, 2012, default judgment was entered in favor of Plaintiff and against Defendants for the amount of $52,557.41 total (which included $50,117.55 principal, $1,892.36 attorney’s fees, and $547.50 costs).
On May 22, 2019, a Notice of Renewal of Judgment was filed, extending the period of enforceability of the judgment for 10 years.
Relevant recent filings indicate that an Abstract of Judgment – Civil and Small Claims was issued on August 7, 2019 against Karen Mekteryan in the amount of $85,936.19 based on the judgment entered on December 3, 2012, which was renewed.
On November 22, 2019, Plaintiff filed a Memorandum of Costs After Judgment, Acknowledge of Credit, and Declaration of Accrued Interest, which shows that no credits have been applied and the remaining due is $85,936.19, with an additional $3,508.09 in interest. The concurrently field Writ of Execution (Money Judgment) shows that the total amount sought against the judgment debtors is $89,469.28.
On December 16, 2019, Plaintiff filed a motion for issuance of earnings withholding order against Bella Ambrova, the wife of judgment debtor Karen Mekteryan. The Court is not in receipt of an opposition brief.
LEGAL STANDARD
CCP §708.510(a) provides: “Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor … all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments….” The motion must be served on the judgment debtor, personally or by mail. (CCP §708.510(b).) In order to determine whether to order an assignment or the amount of an assignment, the court may take into consideration all relevant factors, including:
(1) The reasonable requirements of a judgment debtor who is a natural person and of persons supported in whole or in part by the judgment debtor.
(2) 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.
(3) The amount remaining due on the money judgment.
(4) The amount being or to be received in satisfaction of the right to payment that may be assigned.
(CCP §708.510(c).) Finally, a right to payment may be assigned only to the extent necessary to satisfy the money judgment. (CCP §708.510(d).)
According to Family Code, §910, the community estate is liable for a debt incurred by either spouse before or during marriage. “Debt” means an obligation incurred by a married person before or during marriage. (Fam. Code, §902.) Community property is subject to enforcement of a money judgment. (CCP §695.020(a).) “An earnings withholding order may not be issued against the earnings of the spouse of the judgment debtor except by court order upon noticed motion.” (CCP §706.109.)
DISCUSSION
Plaintiff moves for issuance of an earnings withholding order against Bella Ambrova.
According to Plaintiff, Judgment Debtor Karen Mekteryan and Bella Ambrova are husband and wife, and live together at their residence. Plaintiff’s counsel, David J. Miller, states that upon information and belief, Bella Ambrova is employed by Queen B Nail Salon in Glendale, California. (Miller Decl., ¶4.)
However, no admissible proof of their marital status has been provided. At most, Plaintiff provides the declaration of Eric Thibault. Mr. Thibault states that he is not a registered process server. (Thibault Decl., ¶2.) On July 4, 2019, he attempted service of the Debtor’s Examination and Civil Subpoena on the Judgment Debtor at the residence and Bella Ambrova answered the door, stating that she would accept service in place of her husband. (Id., ¶¶3-4.) Thus, the only support that Plaintiff has presented to this Court that Karen Mekteryan and Bella Ambrova are married is essentially based on a hearsay comment.
As the Court does not have any declaration or documentary evidence showing that Karen Mekteryan and Bella Ambrova are in fact married and that the debt was incurred by Karen Mekteryan before or during the marriage, the Court will require more proof prior to issuing an earnings withholding order against Bella Ambrova’s earnings at her purported place of employment.
CONCLUSION AND ORDER
The motion is denied without prejudice. Plaintiff should refile the motion with additional support and evidence as discussed above.
Plaintiff shall provide notice of this order.