This case was last updated from Los Angeles County Superior Courts on 08/09/2020 at 21:47:11 (UTC).

CITY NATIONAL BANK VS. INTEGRATED HEALTH ASSETS, INC., ET

Case Summary

On 04/05/2007 CITY NATIONAL BANK filed a Contract - Other Contract lawsuit against INTEGRATED HEALTH ASSETS, INC , ET. This case was filed in Los Angeles County Superior Courts, Torrance Courthouse located in Los Angeles, California. The Judges overseeing this case are CARY NISHIMOTO and DEIRDRE HILL. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5002

  • Filing Date:

    04/05/2007

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Torrance Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

CARY NISHIMOTO

DEIRDRE HILL

 

Party Details

Plaintiff

CITY NATIONAL BANK

Claimant

BLACKBURN DIANNE M.

Defendants

DOES 1-100

INTEGRATED HEALTH ASSETS INC.

ROBERT W. BLACKBURN AKA ROBERT BLACKBURN

BLACKBURN ROBERT ROBERT WAYNE BLACKBURN

Attorney/Law Firm Details

Plaintiff Attorneys

HEMAR ROUSSO & HEALD LLP

ANDONIAN PAUL

Claimant Attorney

HOWELL JONATHAN ANDREW

 

Court Documents

Other - - NOTICE OF REJECTION- POST JUDGMENT

6/8/2011: Other - - NOTICE OF REJECTION- POST JUDGMENT

Legacy Document - LEGACY DOCUMENT TYPE: WRIT-OTHER

6/23/2011: Legacy Document - LEGACY DOCUMENT TYPE: WRIT-OTHER

Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

9/30/2014: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

Legacy Document - LEGACY DOCUMENT TYPE: WRIT-OTHER

9/30/2014: Legacy Document - LEGACY DOCUMENT TYPE: WRIT-OTHER

Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

11/3/2014: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

Other - - WRIT OF EXECUTION

11/3/2014: Other - - WRIT OF EXECUTION

Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

9/13/2017: Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

Application for and Renewal of Judgment

9/13/2017: Application for and Renewal of Judgment

Proof of Service (not Summons and Complaint)

10/31/2017: Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint)

10/31/2017: Proof of Service (not Summons and Complaint)

Motion for Order - Motion for Order MOTION FOR ORDER TO CHARGE JUDGMENT DEBTORS INTEREST IN A LIMITED LIABILITY COMPANY, AN ASSIGNMENT ORDER, AND A RESTRAINING ORDER; MEMORANDUM OF POINTS AND AUTHORI

12/31/2018: Motion for Order - Motion for Order MOTION FOR ORDER TO CHARGE JUDGMENT DEBTORS INTEREST IN A LIMITED LIABILITY COMPANY, AN ASSIGNMENT ORDER, AND A RESTRAINING ORDER; MEMORANDUM OF POINTS AND AUTHORI

Writ of Execution - Writ of Execution (Los Angeles )

1/2/2019: Writ of Execution - Writ of Execution (Los Angeles )

Order - Order .

2/14/2019: Order - Order .

Notice - Notice Notice of Entry of Order

2/22/2019: Notice - Notice Notice of Entry of Order

Notice of Opposition to Claim of Exemption

12/31/2019: Notice of Opposition to Claim of Exemption

Minute Order - MINUTE ORDER (HEARING ON CLAIM OF EXEMPTION/THIRD-PARTY CLAIM)

1/30/2020: Minute Order - MINUTE ORDER (HEARING ON CLAIM OF EXEMPTION/THIRD-PARTY CLAIM)

Application and Order for Appearance and Examination

2/4/2020: Application and Order for Appearance and Examination

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW) OF 04/10/2020

4/10/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW) OF 04/10/2020

27 More Documents Available

 

Docket Entries

  • 10/01/2020
  • Hearing10/01/2020 at 08:30 AM in Department M at 825 Maple Ave., Torrance, CA 90503; Hearing on Application for Order for Appearance and Examination

    Read MoreRead Less
  • 07/13/2020
  • Docketat 10:00 AM in Department M, Deirdre Hill, Presiding; Hearing on Application for Order for Appearance and Examination - Not Held - Rescheduled by Party

    Read MoreRead Less
  • 07/08/2020
  • DocketNotice (OF RESCHEDULED JUDGMENT DEBTOR?S EXAMINATION); Filed by CITY NATIONAL BANK (Plaintiff)

    Read MoreRead Less
  • 05/08/2020
  • Docketat 08:30 AM in Department B; Hearing on Application for Order for Appearance and Examination - Not Held - Advanced and Continued - by Court

    Read MoreRead Less
  • 04/15/2020
  • DocketNotice (Notice of Rescheduled Judgment Debtor Examination); Filed by CITY NATIONAL BANK (Plaintiff)

    Read MoreRead Less
  • 04/10/2020
  • Docketat 11:41 AM in Department B; Non-Appearance Case Review

    Read MoreRead Less
  • 04/10/2020
  • DocketMinute Order ( (Non-Appearance Case Review)); Filed by Clerk

    Read MoreRead Less
  • 04/10/2020
  • DocketCertificate of Mailing for ((Non-Appearance Case Review) of 04/10/2020); Filed by Clerk

    Read MoreRead Less
  • 03/02/2020
  • DocketProof of Personal Service; Filed by CITY NATIONAL BANK (Plaintiff)

    Read MoreRead Less
  • 02/04/2020
  • DocketApplication and Order for Appearance and Examination; Filed by CITY NATIONAL BANK (Plaintiff)

    Read MoreRead Less
79 More Docket Entries
  • 04/11/2007
  • DocketApplication ; Filed by CITY NATIONAL BANK (Plaintiff)

    Read MoreRead Less
  • 04/11/2007
  • DocketNotice of Hearing; Filed by CITY NATIONAL BANK (Plaintiff)

    Read MoreRead Less
  • 04/11/2007
  • DocketApplication ; Filed by CITY NATIONAL BANK (Plaintiff)

    Read MoreRead Less
  • 04/11/2007
  • DocketNotice of Hearing; Filed by CITY NATIONAL BANK (Plaintiff)

    Read MoreRead Less
  • 04/11/2007
  • DocketApplication For Right To Attach Order, Temporary Protective Order, Etc; Filed by CITY NATIONAL BANK (Plaintiff)

    Read MoreRead Less
  • 04/11/2007
  • DocketNotice Of Application And Hearing For Right To Attach Order And Writ Of Attachment; Filed by CITY NATIONAL BANK (Plaintiff)

    Read MoreRead Less
  • 04/06/2007
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

    Read MoreRead Less
  • 04/05/2007
  • DocketNotice of Case Management Conference; Filed by CITY NATIONAL BANK (Plaintiff)

    Read MoreRead Less
  • 04/05/2007
  • DocketSummons; Filed by CITY NATIONAL BANK (Plaintiff)

    Read MoreRead Less
  • 04/05/2007
  • DocketComplaint; Filed by CITY NATIONAL BANK (Plaintiff)

    Read MoreRead Less

Tentative Rulings

Case Number: YC055002    Hearing Date: January 30, 2020    Dept: SWB

Superior Court of California

County of Los Angeles

Southwest District

Torrance Dept. B

CITY NATIONAL BANK,

Plaintiff,

Case No.:

YC055002

vs.

[Tentative] RULING

INTEGRATED HEALTH ASSETS, INC., et al.,

Defendants.

Hearing Date: January 30, 2020

Moving Parties: Judgment debtor’s spouse Dianne M. Blackburn

Responding Party: Judgment creditor City National Bank

Claim of Exemption

The court considered the claim of exemption, opposition, and reply.

RULING

The claim of exemption is GRANTED, in part. The court ORDERS that judgment creditor may withhold $412 per month of judgment debtor Anthony Occhionero’s net income.

Pursuant to CCP §703.580(e), the court clerk shall promptly transmit a certified copy of the order to the levying officer. Any funds held by levying officer are ordered released to judgment creditor to apply to the satisfaction of the money judgment.

BACKGROUND

On September 25, 2007, a default judgment was entered in favor of CNB and against Integrated Health Assets, Inc. and Robert W. Blackburn aka Robert Blackburn aka Robert Wayne Blackburn in the amount of $37,382.31.

On September 13, 2017, the judgment was renewed.

On February 14, 2019, the court granted judgment creditor’s motion to charge judgment debtor’s interest in a LLC, for an assignment order, and a restraining order.

According to the memorandum of costs after judgment filed on November 22, 2019, the principal remaining is $76,154.89 and the accrued interest is $16,681.48.

LEGAL AUTHORITY

“At a hearing on a third-party claim, the third person has the burden of proof.” CCP §720.360.

CCP §703.080 states, “(a) Subject to any limitation provided in the particular exemption, a fund that is exempt remains exempt to the extent that it can be traced into deposit accounts or in the form of cash or its equivalent. (b) The exemption claimant has the burden of tracing an exempt fund. . . . “

DISCUSSION

Judgment debtor’s spouse Dianne M. Blackburn requests an exemption.

Claimant contends that in December 2019, she received a notice of levy of her individual banking and retirement accounts located at Schools First Federal Credit Union. The accounts subject to levy are her individual checking account, her money market account, and an IRA account.

She contends that the fair market value of her interest in the property is approximately $66,243. She asserts that the property is her separate party and not subject to levy for spouse’s debts pursuant to Family Code §913 and as evidenced by Family Code §1500 by the Post-Nuptial Agreement entered into on April 13, 2004.

In opposition, judgment creditor argues that claimant has provided no evidence to support her claim that the levied funds are from retirement accounts. Further, judgment creditor argues, the purported post-nuptial agreement is irrelevant until the source of all funds is disclosed. Judgment creditor contends that the debtor and spouse have transferred assets numerous times, and that a wire of $50,000, contemporaneous with a deed of trust evidencing a loan for $560,000 in 2018 was deposited into a joint account but was not there long enough to be captured by plaintiff’s levy. Plaintiff suspects that this money has been deposited in spouse’s bank accounts. Judgment creditor also contends that claimant has not shown that the levied funds are within the scope of the post-nuptial agreement.

In reply, claimant provides a supplemental declaration and bank statements. She contends that there is no evidence of a fraudulent conveyance.

The court finds that claimant has provided sufficient evidence to meet her burden that the funds are exempt as retirement accounts and that her income and accounts are her separate property. See CCP §703.140(b)(10)(E); Family Code §913(b) (“Except as otherwise provided by statute: (1) The separate property of a married person is not liable for a debt incurred by the person’s spouse before or during marriage.”); Family Code §1500 (“The property rights of spouses prescribed by statute may be altered by a premarital agreement or other marital property agreement.”).

Therefore, the claim of exemption is GRANTED.

Judgment creditor is ordered to give notice of this ruling.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where CITY NATIONAL BANK is a litigant

Latest cases represented by Lawyer HOWELL JONATHAN A. ESQ.