This case was last updated from Los Angeles County Superior Courts on 07/01/2020 at 16:28:29 (UTC).

YUNUEN CAMPOS VS KINDRED HEALTHCARE OPERATING INC ET AL

Case Summary

On 08/15/2013 YUNUEN CAMPOS filed a Civil Right - Other Civil Right lawsuit against KINDRED HEALTHCARE OPERATING INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are ROLF M. TREU, MICHAEL P. LINFIELD, MARK A. BORENSTEIN, EDWARD B. MORETON, JR. and EDWARD B. MORETON. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8446

  • Filing Date:

    08/15/2013

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

ROLF M. TREU

MICHAEL P. LINFIELD

MARK A. BORENSTEIN

EDWARD B. MORETON, JR.

EDWARD B. MORETON

 

Party Details

Plaintiffs and Respondents

CAMPOS YUNUEN

KINDRED HOSPITAL SOUTH BAY

Defendants and Appellants

KENNEDY JOHN M. M.D.

JOHN M. KENNEDY M.D. INC.

DOES 1 THROUGH 50

KINDRED HEALTHCARE OPERATING INC.

KINDRED HOSPITAL SOUTH BAY

KND DEVELOPMENT 53 LLC DOE 1

KND DEVELOPMENT 53 LLC [DOE 1]

Material Witness

CARDIO-BEAT IMAGING INC.

Not Classified By Court

ANJU MULTANI LAW OFFICES OF

ROLDAN KEVIN ANDREW

CAL WEST ATTORNEY SERVICES INC.

Others

WEINBER ROBERT A.

HOLMES ANDREW B. ESQ.

Attorney/Law Firm Details

Plaintiff Attorneys

MAGNANIMO & DEAN LLP

MICHAEL H. RAICHELSON

WEINBER ROBERT A.

DEAN LAUREN A. ESQ.

Defendant and Respondent Attorneys

GIOVANNIELLO ALEXANDER F.

HATHAWAY MARK M. ESQ.

GIOVANNIELLO LAW GROUP PC

WERKSMAN JACKSON HATHAWAY & QUINN LLP

HOLMES ANDREW B. ESQ.

BLOCH WILLIAM W. ESQ.

SHINBROT JEFFREY S. ESQ.

 

Court Documents

NOTICE RE: CONTINUANCE OF HEARING

5/11/2018: NOTICE RE: CONTINUANCE OF HEARING

DEFENDANT/JUDGMENT DEBTOR JOHN M. KENNEDY, M.D., INC.'S OPPOSITION TO PLAINTIFF/JUDGMENT CREDITOR YUNUEN CAMPOS' (1) MOTION TO COMPEL FURTHER RESPONSES TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE A

7/3/2018: DEFENDANT/JUDGMENT DEBTOR JOHN M. KENNEDY, M.D., INC.'S OPPOSITION TO PLAINTIFF/JUDGMENT CREDITOR YUNUEN CAMPOS' (1) MOTION TO COMPEL FURTHER RESPONSES TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE A

NOTICE RE: CONTINUANCE OF HEARING

7/18/2018: NOTICE RE: CONTINUANCE OF HEARING

Notice - NOTICE OF ORDER OF DISMISSAL OF JOHN M. KENNEDY, M.D.'S CHAPTER 13 BANKRUPTCY

1/28/2020: Notice - NOTICE OF ORDER OF DISMISSAL OF JOHN M. KENNEDY, M.D.'S CHAPTER 13 BANKRUPTCY

DECLARATION OF THOMAS C. SWANN 1N SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES FROM PLAINTIFF YUNUEN CAMPOS TO SPECIAL INTERROGATORIES, SET TWO, AND FOR MONETARY SANCTIONS IN THE AMOUNT OF $2,571.00

5/5/2014: DECLARATION OF THOMAS C. SWANN 1N SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES FROM PLAINTIFF YUNUEN CAMPOS TO SPECIAL INTERROGATORIES, SET TWO, AND FOR MONETARY SANCTIONS IN THE AMOUNT OF $2,571.00

SEPARATE STATEMENT IN SUPPORT OF MOTION FOR AN ORDER COMPELLING COMPLIANCE TO PRODUCTION OF DOCUMENTS, SET ONE AND FOR MONETARY SANCTIONS IN THE AMOUNT OF $5,175.00 AGAINST YUNUEN CAMPOS AND HER ATTOR

5/16/2014: SEPARATE STATEMENT IN SUPPORT OF MOTION FOR AN ORDER COMPELLING COMPLIANCE TO PRODUCTION OF DOCUMENTS, SET ONE AND FOR MONETARY SANCTIONS IN THE AMOUNT OF $5,175.00 AGAINST YUNUEN CAMPOS AND HER ATTOR

OPPOSITION PLAINTIFF?S MOTION TO COMPEL FURTHER RESPONSES TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE AND ETC

6/6/2014: OPPOSITION PLAINTIFF?S MOTION TO COMPEL FURTHER RESPONSES TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE AND ETC

REPLY TO PLAINTIFFS OPPOSITION TO MOTION FOR AN ORDER COMPELLING COMPLIANCE TO PRODUCTION OF DOCUMENTS, SET ONE AND FOR MONETARY SANCTIONS IN THE AMOUNT OF $5,547.00 AGAINST YUNUEN CAMPOS AND HER ATTO

6/20/2014: REPLY TO PLAINTIFFS OPPOSITION TO MOTION FOR AN ORDER COMPELLING COMPLIANCE TO PRODUCTION OF DOCUMENTS, SET ONE AND FOR MONETARY SANCTIONS IN THE AMOUNT OF $5,547.00 AGAINST YUNUEN CAMPOS AND HER ATTO

PLAINTIFF YUNUEN CAMPOS? NOTICE OF DEFENDANTS? NON-OPPOSITION T MOTION TO COMPEL DEFENDANT KENNEDY TO COMPLETE HIS DEPOSITION AND ANSWER QUESTIONS AT HIS DEPOSITION; FOR ORDER APPOINTING DISCOVERY REF

12/2/2014: PLAINTIFF YUNUEN CAMPOS? NOTICE OF DEFENDANTS? NON-OPPOSITION T MOTION TO COMPEL DEFENDANT KENNEDY TO COMPLETE HIS DEPOSITION AND ANSWER QUESTIONS AT HIS DEPOSITION; FOR ORDER APPOINTING DISCOVERY REF

Minute Order -

3/17/2015: Minute Order -

ORDER APPOINTING COURT APPROVED RPORTER AS OFFICIAL REPORTER PRO TEMPORE

3/27/2015: ORDER APPOINTING COURT APPROVED RPORTER AS OFFICIAL REPORTER PRO TEMPORE

NOTICE OF CONTINUANCE OF PLAINTIFF YUNUEN CAMPOS' MOTION FOR SANCTIONS REGARDING DEFENDANT KENNEDY'S CONTINUED FAILURE TO APPEAR FOR DEPOSITION IN THE AMOUNT OF $25,634.25

4/28/2015: NOTICE OF CONTINUANCE OF PLAINTIFF YUNUEN CAMPOS' MOTION FOR SANCTIONS REGARDING DEFENDANT KENNEDY'S CONTINUED FAILURE TO APPEAR FOR DEPOSITION IN THE AMOUNT OF $25,634.25

NOTICE OF ENTRY OF JUDGMENT OR ORDER

7/14/2015: NOTICE OF ENTRY OF JUDGMENT OR ORDER

NOTICE OF APPEAL

12/4/2015: NOTICE OF APPEAL

Minute Order -

2/25/2016: Minute Order -

PLAINTIFF'S REPLY TO DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR ASSIGNMENT ORDER

9/14/2016: PLAINTIFF'S REPLY TO DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR ASSIGNMENT ORDER

AMENDED NOTICE OF MOTION FOR ORDER DETERMINING CLAIM OF EXEMPTION

12/22/2017: AMENDED NOTICE OF MOTION FOR ORDER DETERMINING CLAIM OF EXEMPTION

790 More Documents Available

 

Docket Entries

  • 07/01/2020
  • Hearing07/01/2020 at 10:00 AM in Department 34 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion for Order Assignment Order

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  • 06/25/2020
  • Docketat 09:30 AM in Department 34; Hearing on Motion for Order (Assignment Order) - Not Held - Continued - Court's Motion

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  • 06/25/2020
  • Docketat 08:30 AM in Department 44, Edward B. Moreton, Presiding; Hearing on Motion for Order (Assignment Order) - Not Held - Advanced and Continued - by Court

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  • 06/17/2020
  • Docketat 10:53 AM in Department 34; Non-Appearance Case Review

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  • 06/17/2020
  • DocketMinute Order ( (Non-Appearance Case Review)); Filed by Clerk

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  • 06/17/2020
  • DocketCertificate of Mailing for ((Non-Appearance Case Review) of 06/17/2020); Filed by Clerk

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  • 06/15/2020
  • DocketNotice (Notice of Court Order Transferring Courtroom and Resetting Hearing on Motion for Assignment Order); Filed by Yunuen Campos (Plaintiff)

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  • 06/09/2020
  • Docketat 09:17 AM in Department 44, Edward B. Moreton, Presiding; Non-Appearance Case Review

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  • 06/09/2020
  • DocketCertificate of Mailing for ((Court Order transferring Department 44 case) of 06/09/2020); Filed by Clerk

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  • 06/09/2020
  • DocketMinute Order ( (Court Order transferring Department 44 case)); Filed by Clerk

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1,402 More Docket Entries
  • 10/08/2013
  • DocketPROOF OF SERVICE SUMMONS

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  • 09/16/2013
  • DocketSummons; Filed by Plaintiff/Petitioner

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  • 09/16/2013
  • DocketFIRST AMENDED SUMMONS

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  • 09/16/2013
  • DocketFIRST AMENDED COMPLAINT FOR DAMAGES FOR: 1. BATTERY 2. ASSAULT 3. SEXUAL BATTERY (CIV. CODE 1798.5) 4. SEXUAL HARASSMENT (GOV. CODE 12960 ET SEQ.) 5. NEGLIGENT SUPERVISION AND RETENTION 6. CIVIL RIGHTS VIOLATIONS 7. VIOLATION OF TOM BANE CIVIL RIGHTS (CIV

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  • 09/16/2013
  • DocketFirst Amended Complaint; Filed by Plaintiff/Petitioner

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  • 09/03/2013
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 09/03/2013
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 08/15/2013
  • DocketComplaint; Filed by Yunuen Campos (Plaintiff)

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  • 08/15/2013
  • DocketSUMMONS

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  • 08/15/2013
  • DocketCOMPLAINT FOR DAMAGES FOR: 1. BATTERY 2. ASSAULT 3. SEXUAL BATTERY (CIV. CODE 1798.5) 4. SEXUAL HARASSMENT (GOV. CODE 12960 ET SEQ.) 5. NEGLIGENT SUPERVISION AND RETENTION 6. CIVIL RIGHTS VIOLATIONS 7. VIOLATION FO TOM BANE CIVIL RIGHTS (CIV. CODE 52.1) 8

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Tentative Rulings

Case Number: BC518446    Hearing Date: July 01, 2020    Dept: 34

SUBJECT: Motion for Assignment Order

Moving Party: Plaintiff Yunuen Campos

Resp. Party: None

Plaintiff’s motion for assignment order is GRANTED.

BACKGROUND:

On August 15, 2013, Plaintiff Yunuen Campos commenced this action against Defendants Kindred Healthcare Operating Inc. dba Kindred Hospital South Bay and John M. Kennedy, M.D.

On September 16, 2013, Plaintiff filed a first amended complaint for (1) battery; (2) assault; (3) sexual battery; (4) sexual harassment; (5) negligent supervision and retention; (6) civil rights violations; (7) violation of Tom bane Civil Rights; (8) gender violence; and (9) intentional infliction of emotional distress.

This matter was tried on June 8, 2015, where the jury found for Plaintiff on the sexual battery, Ralph Civil Rights Act, and gender violence claims. (09/13/2018 Second Amended Judgment Following Appeal, p. 2:7-17.)

The Court ordered the following:

“1. Plaintiff Yunuen Campos shall have and recover from defendants John Kennedy, M.D. and John M. Kennedy, M.D., Inc. the sum of $200,000.

2. Plaintiff Yunuen Campos shall have and recover from defendants John Kennedy, M.D. and John M. Kennedy, M.D., Inc. the sum of $25,000, the civil penalty pursuant to Civil Code section 52(b)(2).

3. Plaintiff Yunuen Campos and her counsel of record shall recover costs and/or disbursements as taxed against defendants John Kennedy, M.D. and John M. Kennedy, M.D., Inc. in the amount of $84,090.34.

. . .

4. Plaintiff Yunuen Campos and her counsel of record shall recover attorney fees against defendants John Kennedy, M.D. and John M. Kennedy, M.D., Inc. in the amount of $2,412,984.75, as ordered by the Court.

. . .

5. Plaintiff Yunuen Campos and her counsel of record shall recover attorney fees on appeal against defendants John Kennedy, M.D. and John M. Kennedy, M.D., Inc. in the amount of $125,473.60, as ordered by the Court.” (Id. at pp. 3:15-4:2.)

On March 12, 2020, the Court (Dept. 44) denied without prejudice Plaintiff’s motion for order assignment because the motion was not served directly on the judgment debtor as required by 684.020. (03/12/2020 Minute Order.)

On June 9, 2020, due to the closure of Department 44, this case was transferred and reassigned to Department 34.

Before the Court today is Plaintiff’s motion for assignment order, or in the alternative, to amend the 11/22/16 assignment order, filed on March 20, 2020.

ANALYSIS:

A. Legal Standard

Code of Civil Procedure section 708.510(a) states, in relevant part:

“(a) 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 or to a receiver appointed pursuant to Article 7 (commencing with Section 708.610) all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments, including but not limited to the following types of payments:

(1) Wages dues from the federal government that are not subject to withholding under an earnings withholding order.

(2) Rents.

(3) Commissions. 

(4) Royalties.

(5) Payments due from a patent or copyright.

(6) Insurance policy loan value.”

Code of Civil Procedure section 708.510(c), further provides: 

“[I]n determining whether to order an assignment or the amount of an assignment pursuant to subdivision (a), the court may take into consideration all relevant factors, including the following:

(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.

Code of Civil Procedure section 708.520(a) states, in relevant part: “When an application is made pursuant to Section 708.510 or thereafter, the judgment creditor may apply to the court for an order restraining the judgment debtor from assigning or otherwise disposing of the right to payment that is sought to be assigned.” “The court may issue an order pursuant to this section upon a showing of need for the order.” (Code Civ. Proc., § 708.520(b).) 

B. Discussion

Plaintiff moves for an order directing John M. Kennedy, M.D., the judgment debtor, to assign to Plaintiff, “to the extent necessary to fully pay and satisfy the judgment with all accrued interest and post-judgment costs, the rights to payments due or to become due to Judgment Debtor from:

1. AARP c/o Agent for Service of Process, CT Corporation System, 818 West Seventh Street, Suite 930, Los Angeles, CA 90017;

2. Access Managed Care, LLC c/o Agent for Service of Process, Mukesh Bhatia, 23679 Calabasas Road, Suite 506, Calabasas, CA 91302;

3. Alignment Health Plan (Citizens Choice Alignment Health Plan) c/o Agent for Service of Process, Michael Foster, 1100 W. Town & Country Rd., Suite 1600, Orange, CA 92868;

4. Angeles IPA, A Medical Corporation, c/o Carol D. Houchins, 5785 Corporate Ave., Cypress, CA 90630;

5. Applecare Medical Group Inc. c/o Agent for Service of Process, CT Corporation System, 818 West Seventh Street Suite 930, Los Angeles CA 90017;

6. Axminster Medical Group c/o Agent for Service of Process, Javier 0. Ho, 3460 Torrance Boulevard, Suite 310, Torrance, CA 90503;

7. Caremore Medical Group, c/o Agent for Service of Process, CT Corporation System, 818 West Seventh Street Suite 930, Los Angeles CA 90017;

8. Central Health Plan of California, Inc. c/o Agent for Service of Process, Felicia Wu, 1540 Bridgegate Drive, Dimond Bar, CA 91765;

9. Cherokee Insurance, c/o Agent for Service of Process, Nancy Flores, 818 West Seventh St., Los Angeles, CA 90017;

10. Community Family Care Medical Group IPA, Inc. c/o Agent for Service of Process, Ronald L. Brandt, 19210 S. Vermont Avenue, Building D, Suite 400, Gardena, CA 90248;

11. Facey Medical Foundation, c/o Agent for Service of Process, Business Filings Incorporated, 818 West Seventh Street, Suite 930, Los Angeles, CA 90017;

12. Government Employees Health Association, Inc. ("GEHA") c/o CT Corporation System, 120 South Central Ave., Clayton, MO 63105;

13. Global Care Medical Group, Inc. c/o Agent for Service of Process, Derek M. Schneider, 6400 Canoga Avenue, Suite 163, Woodland Hills, CA 91367;

14. Health Care LA, IPA c/o Agent for Service of Process, Derek M Schneider, 6400 Canoga Avenue, Suite 163, Woodland Hills CA 91367;

15. Healthcare Partners Associated Medical Group c/o Agent for Service or Process, CSC -Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Ste 150N, Sacramento, CA 95833;

16. Kaiser Foundation Health Plan c/o Agent for Service of Process, CSC -Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Ste 150N, Sacramento, CA 95833;

17. L.A. Care Health Plan, 1055 West 7th Street, 10th Floor, Los Angeles, CA 90017;

18. Lakeside Medical Group c/o Agent for Service of Process, Michael Fate, 11100 Washington Boulevard, Culver City, CA 90232;

19. Medi-Cal, 820 Stillwater Road, West Sacramento, CA 95605-1630;

20. Medicare c/o Noridian Healthcare Solutions, LLC, 900 42nd St. S, Box 6055 Fargo, ND 58108-6055;

21. Motion Picture Industry Health Plan, 11365 Ventura Boulevard, Studio City, CA 91604-3161;

22. Network By Design- Workers Comp., P.0.Box 820, Tracy, CA 95378;

23. Pacific Alliance Medical Center, Inc. c/o Agent for Service of Process, John Edwards, Chief Ex Of., 531 West College Street, Los Angeles CA 90012;

24. Paradigm Corporation c/o Agent for Service of Process, CT Corporation System, 818 West Seventh Street Suite 930, Los Angeles CA 90017;

25. Prospect Health Source IPA, c/o Agent for Service of Process, CT Corporation System, 818 West Seventh Street Suite 930, Los Angeles CA 90017;

26. Providence Health Network, c/o Agent for Service of Process, CT Corporation System, 818 West Seventh Street Suite 930, Los Angeles CA 90017;

27. Regal Medical Group, Inc. c/o Agent for Service of Process, Michael Fate, 11100 Washington Boulevard, Culver City, CA 90232;

28. Scan Health Plan c/o Agent for Service of Process, CSC- Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Ste 150N, Sacramento, CA 95833;

29. State Compensation Insurance Fund, 333 Bush Street, Floor 8, San Francisco, CA 94104;

30. St. Vincent IPA Medical Corporation c/o Agent for Service of Process, Grace Bender, 161 Thunder Drive, Suite 212, Vista, CA 92083;

31. UCLA Medical Group (UCLA Health) Office of the General Counsel, University of IO California, 1111 Franklin Street, 8th Floor, Oakland, CA 94607;

32. Wellcare Health Plans of California, Inc., Corporation c/o Agent for Service of Process, CT Corporation System, 818 West Seventh Street Suite 930, Los Angeles CA 90017;

33. York Risk Services Group, Inc. c/o Agent for Service of Process, CSC- Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Ste 150N, Sacramento, CA 95833.” (Motion, pp. i:27-iv:15.)

Plaintiff’s counsel declares she received responsive documents pursuant to a subpoena relating to Specialty Billing showing the insurance companies from which Dr. Kennedy received income. (Dean Decl., ¶ 30, Exh. 9.) From these documents, Plaintiff’s counsel became aware that there is money due and owing, or payments that will become due, to Dr. Kennedy from the thirty-three above-listed entities. (Ibid.) Plaintiff’s counsel declares that “Dr. Kennedy and his corporation have failed to take financial responsibility for the judgment entered against them.” (Id. at ¶ 31.)

The Court finds that this evidence sufficiently demonstrates that the judgment debtor, Dr. Kennedy, may be due and owing money from the abovementioned entities that can be assigned to satisfy the judgment entered in this action. Further, Plaintiff included a proof of service with this motion, demonstrating that Dr. Kennedy was directly served with this motion pursuant to Code of Civil Procedure section 684.020.

The judgment debtor has not opposed this motion, and hence there is no evidence before this court on any relevant mitigating factors. (See, e.g., CCP §708.510(c).)

Plaintiff’s motion for assignment order is GRANTED.

Case Number: BC518446    Hearing Date: June 25, 2020    Dept: 34

SUBJECT: Motion for Assignment Order

Moving Party: Plaintiff Yunuen Campos

Resp. Party: None

Plaintiff’s motion for assignment order is GRANTED.

BACKGROUND:

On August 15, 2013, Plaintiff Yunuen Campos commenced this action against Defendants Kindred Healthcare Operating Inc. dba Kindred Hospital South Bay and John M. Kennedy, M.D.

On September 16, 2013, Plaintiff filed a first amended complaint for (1) battery; (2) assault; (3) sexual battery; (4) sexual harassment; (5) negligent supervision and retention; (6) civil rights violations; (7) violation of Tom bane Civil Rights; (8) gender violence; and (9) intentional infliction of emotional distress.

This matter was tried on June 8, 2015, where the jury found for Plaintiff on the sexual battery, Ralph Civil Rights Act, and gender violence claims. (09/13/2018 Second Amended Judgment Following Appeal, p. 2:7-17.)

The Court ordered the following:

“1. Plaintiff Yunuen Campos shall have and recover from defendants John Kennedy, M.D. and John M. Kennedy, M.D., Inc. the sum of $200,000.

2. Plaintiff Yunuen Campos shall have and recover from defendants John Kennedy, M.D. and John M. Kennedy, M.D., Inc. the sum of $25,000, the civil penalty pursuant to Civil Code section 52(b)(2).

3. Plaintiff Yunuen Campos and her counsel of record shall recover costs and/or disbursements as taxed against defendants John Kennedy, M.D. and John M. Kennedy, M.D., Inc. in the amount of $84,090.34.

. . .

4. Plaintiff Yunuen Campos and her counsel of record shall recover attorney fees against defendants John Kennedy, M.D. and John M. Kennedy, M.D., Inc. in the amount of $2,412,984.75, as ordered by the Court.

. . .

5. Plaintiff Yunuen Campos and her counsel of record shall recover attorney fees on appeal against defendants John Kennedy, M.D. and John M. Kennedy, M.D., Inc. in the amount of $125,473.60, as ordered by the Court.” (Id. at pp. 3:15-4:2.)

On March 12, 2020, the Court (Dept. 44) denied without prejudice Plaintiff’s motion for order assignment because the motion was not served directly on the judgment debtor as required by 684.020. (03/12/2020 Minute Order.)

On June 9, 2020, due to the closure of Department 44, this case was transferred and reassigned to Department 34.

Before the Court today is Plaintiff’s motion for assignment order, or in the alternative, to amend the 11/22/16 assignment order, filed on March 20, 2020.

ANALYSIS:

A. Legal Standard

Code of Civil Procedure section 708.510(a) states, in relevant part:

“(a) 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 or to a receiver appointed pursuant to Article 7 (commencing with Section 708.610) all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments, including but not limited to the following types of payments:

(1) Wages dues from the federal government that are not subject to withholding under an earnings withholding order.

(2) Rents.

(3) Commissions. 

(4) Royalties.

(5) Payments due from a patent or copyright.

(6) Insurance policy loan value.”

Code of Civil Procedure section 708.510(c), further provides: 

“[I]n determining whether to order an assignment or the amount of an assignment pursuant to subdivision (a), the court may take into consideration all relevant factors, including the following:

(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.

Code of Civil Procedure section 708.520(a) states, in relevant part: “When an application is made pursuant to Section 708.510 or thereafter, the judgment creditor may apply to the court for an order restraining the judgment debtor from assigning or otherwise disposing of the right to payment that is sought to be assigned.” “The court may issue an order pursuant to this section upon a showing of need for the order.” (Code Civ. Proc., § 708.520(b).) 

B. Discussion

Plaintiff moves for an order directing John M. Kennedy, M.D., the judgment debtor, to assign to Plaintiff, “to the extent necessary to fully pay and satisfy the judgment with all accrued interest and post-judgment costs, the rights to payments due or to become due to Judgment Debtor from:

1. AARP c/o Agent for Service of Process, CT Corporation System, 818 West Seventh Street, Suite 930, Los Angeles, CA 90017;

2. Access Managed Care, LLC c/o Agent for Service of Process, Mukesh Bhatia, 23679 Calabasas Road, Suite 506, Calabasas, CA 91302;

3. Alignment Health Plan (Citizens Choice Alignment Health Plan) c/o Agent for Service of Process, Michael Foster, 1100 W. Town & Country Rd., Suite 1600, Orange, CA 92868;

4. Angeles IPA, A Medical Corporation, c/o Carol D. Houchins, 5785 Corporate Ave., Cypress, CA 90630;

5. Applecare Medical Group Inc. c/o Agent for Service of Process, CT Corporation System, 818 West Seventh Street Suite 930, Los Angeles CA 90017;

6. Axminster Medical Group c/o Agent for Service of Process, Javier 0. Ho, 3460 Torrance Boulevard, Suite 310, Torrance, CA 90503;

7. Caremore Medical Group, c/o Agent for Service of Process, CT Corporation System, 818 West Seventh Street Suite 930, Los Angeles CA 90017;

8. Central Health Plan of California, Inc. c/o Agent for Service of Process, Felicia Wu, 1540 Bridgegate Drive, Dimond Bar, CA 91765;

9. Cherokee Insurance, c/o Agent for Service of Process, Nancy Flores, 818 West Seventh St., Los Angeles, CA 90017;

10. Community Family Care Medical Group IPA, Inc. c/o Agent for Service of Process, Ronald L. Brandt, 19210 S. Vermont Avenue, Building D, Suite 400, Gardena, CA 90248;

11. Facey Medical Foundation, c/o Agent for Service of Process, Business Filings Incorporated, 818 West Seventh Street, Suite 930, Los Angeles, CA 90017;

12. Government Employees Health Association, Inc. ("GEHA") c/o CT Corporation System, 120 South Central Ave., Clayton, MO 63105;

13. Global Care Medical Group, Inc. c/o Agent for Service of Process, Derek M. Schneider, 6400 Canoga Avenue, Suite 163, Woodland Hills, CA 91367;

14. Health Care LA, IPA c/o Agent for Service of Process, Derek M Schneider, 6400 Canoga Avenue, Suite 163, Woodland Hills CA 91367;

15. Healthcare Partners Associated Medical Group c/o Agent for Service or Process, CSC -Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Ste 150N, Sacramento, CA 95833;

16. Kaiser Foundation Health Plan c/o Agent for Service of Process, CSC -Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Ste 150N, Sacramento, CA 95833;

17. L.A. Care Health Plan, 1055 West 7th Street, 10th Floor, Los Angeles, CA 90017;

18. Lakeside Medical Group c/o Agent for Service of Process, Michael Fate, 11100 Washington Boulevard, Culver City, CA 90232;

19. Medi-Cal, 820 Stillwater Road, West Sacramento, CA 95605-1630;

20. Medicare c/o Noridian Healthcare Solutions, LLC, 900 42nd St. S, Box 6055 Fargo, ND 58108-6055;

21. Motion Picture Industry Health Plan, 11365 Ventura Boulevard, Studio City, CA 91604-3161;

22. Network By Design- Workers Comp., P.0.Box 820, Tracy, CA 95378;

23. Pacific Alliance Medical Center, Inc. c/o Agent for Service of Process, John Edwards, Chief Ex Of., 531 West College Street, Los Angeles CA 90012;

24. Paradigm Corporation c/o Agent for Service of Process, CT Corporation System, 818 West Seventh Street Suite 930, Los Angeles CA 90017;

25. Prospect Health Source IPA, c/o Agent for Service of Process, CT Corporation System, 818 West Seventh Street Suite 930, Los Angeles CA 90017;

26. Providence Health Network, c/o Agent for Service of Process, CT Corporation System, 818 West Seventh Street Suite 930, Los Angeles CA 90017;

27. Regal Medical Group, Inc. c/o Agent for Service of Process, Michael Fate, 11100 Washington Boulevard, Culver City, CA 90232;

28. Scan Health Plan c/o Agent for Service of Process, CSC- Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Ste 150N, Sacramento, CA 95833;

29. State Compensation Insurance Fund, 333 Bush Street, Floor 8, San Francisco, CA 94104;

30. St. Vincent IPA Medical Corporation c/o Agent for Service of Process, Grace Bender, 161 Thunder Drive, Suite 212, Vista, CA 92083;

31. UCLA Medical Group (UCLA Health) Office of the General Counsel, University of IO California, 1111 Franklin Street, 8th Floor, Oakland, CA 94607;

32. Wellcare Health Plans of California, Inc., Corporation c/o Agent for Service of Process, CT Corporation System, 818 West Seventh Street Suite 930, Los Angeles CA 90017;

33. York Risk Services Group, Inc. c/o Agent for Service of Process, CSC- Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Ste 150N, Sacramento, CA 95833.” (Motion, pp. i:27-iv:15.)

Plaintiff’s counsel declares she received responsive documents pursuant to a subpoena relating to Specialty Billing showing the insurance companies from which Dr. Kennedy received income. (Dean Decl., ¶ 30, Exh. 9.) From these documents, Plaintiff’s counsel became aware that there is money due and owing, or payments that will become due, to Dr. Kennedy from the thirty-three above-listed entities. (Ibid.) Plaintiff’s counsel declares that “Dr. Kennedy and his corporation have failed to take financial responsibility for the judgment entered against them.” (Id. at ¶ 31.)

The Court finds that this evidence sufficiently demonstrates that the judgment debtor, Dr. Kennedy, may be due and owing money from the abovementioned entities that can be assigned to satisfy the judgment entered in this action. Further, Plaintiff included a proof of service with this motion, demonstrating that Dr. Kennedy was directly served with this motion pursuant to Code of Civil Procedure section 684.020.

The judgment debtor has not opposed this motion, and hence there is no evidence before this court on any relevant mitigating factors. (See, e.g., CCP §708.510(c).)

Plaintiff’s motion for assignment order is GRANTED.