On 07/07/2000 THE BEST SERVICE CO filed a Contract - Debt Collection lawsuit against MITSUMASA OKAMOTO-. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are PRATT, DANIEL SOLIS, FALCONE, DEWEY L., MCKNEW, THOMAS I., JR., BIRNEY, WILLIAM J. JR., MEYERS, PATRICK, MARGARET MILLER BERNAL, PATRICK T. MEYERS and JOHN A. TORRIBIO. The case status is Disposed - Judgment Entered.
****2122
07/07/2000
Disposed - Judgment Entered
Los Angeles County Superior Courts
Norwalk Courthouse
Los Angeles, California
PRATT, DANIEL SOLIS
FALCONE, DEWEY L.
MCKNEW, THOMAS I., JR.
BIRNEY, WILLIAM J. JR.
MEYERS, PATRICK
MARGARET MILLER BERNAL
PATRICK T. MEYERS
JOHN A. TORRIBIO
BEST SERVICE CO. THE
OKAMOTO AKIKO
OKAMOTO MITSUMASA
OKAMOTO MIKE
SUPREME AUTO LEASING
OKAMOTO BONNIE
OKAMOTO MITSUMASA DBA SUPREME AUTO LEASING
WV SPE 2018-3A
WVJP 2018-3 LP
WV SPE 2018-3A LLC
UNITED CALIFORNIA BANK
HOOD & REED "FAP"
LAW OFFICES OF JAMES T. REED JR
MIELE KENNETH J.
GORDON JOHN E.
OFFICE OF THE GENERAL COUNSEL
HOOD & REED "FAP"
REMER DIVINCEZNO & GRIFFITH ESQ
BURKENROAD DAVID
WALKER HOLLY METZLER
8/12/2020: Request for Judicial Notice
8/12/2020: Abstract of Judgment - Civil and Small Claims
8/12/2020: Declaration - DECLARATION DECLARATION OF HOLLY WALKER IN SUPPORT OF APPLICATION BY JUDGMENT CREDITOR WV SPE 2018-3A, 2017, LLC, AS ASSIGNEE FOR ISSUANCE OF ORDER FOR SALE OF DWELLING
8/12/2020: Application for Order of Sale of Dwelling
8/12/2020: Declaration - DECLARATION OF ANTHONY "TONY" WITMARSH, REAL ESTATE APPRAISER, IN SUPPORT OF APPLICATION BY JUDGMENT CREDITOR WV SPE 2018-3A, 2017, LLC, AS ASSIGNEE FOR ISSUANCE OF ORDER FOR SALE OF DWE
6/23/2020: Writ - Return
11/15/2019: Notice - NOTICE OF ORDER TO SHOW CAUSE RE: CONTEMPT HEARING AS TO AKIKO OKAMOTO AND CONTINUANCE OF BENCH WARRANT ISSUED AND HELD FOR JUDGMENT FOR MITSUMASA OKAMOTO
11/5/2019: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATION)
11/5/2019: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATION)
7/16/2018: Request For Copies - REQUEST FOR COPIES RE: VOLUMES 1 & 2
7/26/2018: Request For Copies - REQUEST FOR COPIES RE: VOLUME 3
11/5/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
9/18/2019: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATION)
7/5/2018: Abstract of Judgment - Civil and Small Claims -
3/8/2019: Notice of Hearing on Claim of Exemption or in lieu of Third-Party Claim
4/15/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE AS TO COURT REPORTER ADRA L. PITTMAN CSR #13298
7/3/2019: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATION)
7/15/2019: Acknowledgment of Satisfaction of Judgment
DocketNotice (of Entry of Judgment or Order); Filed by WV SPE 2018-3A (Assignee)
Docketat 1:30 PM in Department C; Hearing on Motion for Order (to Accept Highest Bid for Sale of Dwelling) - Held
DocketOrder ((Proposed) NEW ORDER FOR SALE OF DWELLING PURSUANT TO CCP SECTION 704.800(B)(2) AND ORDER DIRECTING THE LOS ANGELES SHERIFF TO ACCEPT THE HIGHEST BID OVER $637,500.00); Filed by WV SPE 2018-3A (Assignee)
DocketOrder Appointing Court Approved Reporter as Official Reporter Pro Tempore; Filed by BEST SERVICE CO., The (Plaintiff)
DocketMinute Order ( (Hearing on Motion for Order to Accept Highest Bid for Sale of...)); Filed by Clerk
DocketCourt Order/Ruling (Hearing 4-7-21); Filed by Clerk
DocketRequest for Judicial Notice (in Support of Motion of Judgment Creditor WV SPE 2018-3A, LLC, AS Assignee For Order To Accept Highest Bid For Sale of Dwelling or, For A New Order For Sale of The Dwelling); Filed by WV SPE 2018-3A (Assignee)
DocketMotion for Order (NOTICE OF MOTION AND MOTION OF JUDGMENT CREDITOR WV SPE 2018-3A, LLC, AS ASSIGNEE FOR ORDER TO ACCEPT HIGHEST BID FOR SALE OF DWELLING OR, FOR A NEW ORDER FOR SALE OF THE DWELLING); Filed by WV SPE 2018-3A (Assignee)
DocketDeclaration (OF HOLLY WALKER IN SUPPORT OF APPLICATION FOR ORDER TO ACCEPT HIGHEST BID FOR SALE OF DWELLING OR, FOR A NEW ORDER FOR SALE OF THE DWELLING); Filed by WV SPE 2018-3A (Assignee)
DocketCertificate (of Clerk - Judgment Creditor's Costs Added to Judgment); Filed by WV SPE 2018-3A (Assignee)
DocketAnswer to Complaint Filed; Filed by Defendant, & Defendant in Pro Per
DocketRtn of Service of Summons & Compl
DocketSummons; Filed by Plaintiff
DocketAnswer; Filed by Defendant
DocketSummons Filed; Filed by Attorney for Plaintiff
DocketRtn of Service of Summons & Compl (MITSUMASA OKAMOTO ); Filed by Attorney for Plaintiff
DocketComplaint; Filed by BEST SERVICE CO., The (Plaintiff)
DocketNotice of Status Conference and Order; Filed by Clerk
DocketNotice of Status Conference; Filed by Clerk
DocketComplaint Filed
Case Number: VC032122 Hearing Date: April 7, 2021 Dept: C
THE BEST SERVICE CO. v. OKAMOTO, et al.
CASE NO.: VC032122
HEARING: 4/7/21 @ 1:30 PM
JUDGE: RAUL A. SAHAGUN
#7
TENTATIVE ORDER
Judgment Creditor and Assignee WV SPE2018-3A, LLC’s unopposed motion for order to accept highest bid for sale of dwelling is DENIED. Judgment Creditor’s alternative motion for a new order for sale of dwelling is GRANTED.
Moving Party to give NOTICE.
Judgment Creditor and Assignee WV SPE2018-3A, LLC moves for an order to accept highest bid for sale of dwelling or, for a new order for sale of dwelling pursuant to CCP § 704.800(b).
If no bid is received at the sale of a homestead pursuant to a court order for sale that is 90 percent or more of the fair market value determined pursuant to Section 704.780, the homestead shall not be sold unless the court, upon motion of the judgment creditor, does one of the following:
1. Grants permission to accept the highest bid that exceeds the amount of the minimum bid required by subdivision (a).
2. Makes a new order for sale of the homestead. (CCP § 704.800(b).)
Judgment Creditor presents evidence that the high bid at the sale was $175,440.59 by Judgment Creditor.
As reflected in this court’s Order dated 11/30/20, the Sheriff cannot sell the property if there was no bid equal to at least 90% of the fair market value of the property, which was $765,000.00.
Pursuant to CCP § 704.800(b)(2), this court will issue a new order for the sale of the homestead, reducing the minimum bid to 75% of the fair market value or $637,500.00.
Case Number: VC032122 Hearing Date: October 29, 2020 Dept: C
THE BEST SERVICE CO. v. OKAMOTO
CASE NO.: VC032122
HEARING: 10/29/2020
#13
TENTATIVE ORDER
Judgment Creditor WV SPE 2018-3A, LLC’s unopposed application for issuance for order of sale of dwelling is GRANTED in part.
Moving Party to give Notice
No Opposition filed as of October 27, 2020.
Judgment Creditor’s unopposed Application is GRANTED. Judgment Creditor is an assignee of a $98,669.84 Judgment against Judgement Debtors MITSUMASA OKAMOTO and AKIKO OKAMOTO. Judgment Creditor indicates that Judgment Debtors fraudulently transferred the Subject Property to their non-party daughters in an effort to prevent Judgment Creditor from collecting on the Judgment. “A creditor who is damaged by a transfer described in either Civil Code section 3439.04 or Civil Code section 3439.05 can set the transfer aside or seek other appropriate relief under Civil Code section 3439.07. [Citation.]” (Hasso v. Hapke (2014) 227 Cal.App.4th 107, 121-122.) “If a creditor has obtained a judgment on a claim against the debtor, the creditor may levy execution on the asset transferred or its proceeds.” (Cal. Civ. Code §3439.07.)
The judgment creditor must file the application for an order of sale in the county where the dwelling is located. (See CCP 704.750.) The court shall determine whether the dwelling is exempt. If the court determines that the dwelling is exempt, the court shall determine the amount of the homestead exemption and the fair market value of the dwelling. If the court determines that the dwelling is not exempt, the court shall make an order for sale of the property in the manner provided in Article 6 (commencing with Section 701.510) of Chapter 3. (CCP 704.780(b).)
Homestead Exemption
If the records of the county tax assessor indicate that there is a current homeowner's exemption or disabled veteran's exemption for the dwelling claimed by the judgment debtor or the judgment debtor's spouse, the judgment creditor has the burden of proof that the dwelling is not a homestead. If the records of the county tax assessor indicate that there is not a current homeowner's exemption or disabled veteran's exemption for the dwelling claimed by the judgment debtor or the judgment debtor's spouse, the burden of proof that the dwelling is a homestead is on the person who claims that the dwelling is a homestead. (CCP 704.780(a)(1).)
(a) The amount of the homestead exemption is one of the following: (1) Seventy-five thousand dollars ($75,000) unless the judgment debtor or spouse of the judgment debtor who resides in the homestead is a person described in paragraph (2) or (3). (2) One hundred thousand dollars ($100,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead a member of a family unit, and there is at least one member of the family unit who owns no interest in the homestead or whose only interest in the homestead is a community property interest with the judgment debtor. (3) One hundred seventy-five thousand dollars ($175,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead any one of the following: (A) A person 65 years of age or older. (B) A person physically or mentally disabled who as a result of that disability is unable to engage in substantial gainful employment. There is a rebuttable presumption affecting the burden of proof that a person receiving disability insurance benefit payments under Title II or supplemental security income payments under Title XVI of the federal Social Security Act satisfies the requirements of this paragraph as to his or her inability to engage in substantial gainful employment. (C) A person 55 years of age or older with a gross annual income of not more than twenty–five thousand dollars ($25,000) or, if the judgment debtor is married, a gross annual income, including the gross annual income of the judgment debtor’s spouse, of not more than thirty–five thousand dollars ($35,000) and the sale is an involuntary sale. (CCP 704.730.)
The current fair market value of the property is approximately $850,000.00 as of 02/21/19. The Application is GRANTED in part. Judgment Creditor indicates that Judgment Debtors are both over 65 years of age. Consequently, Judgement Debtors are entitled to a statutory homestead exemption in the amount of $175,000.00. Where no Opposition has been filed, it is unclear if any other exemptions apply.
Dig Deeper
Get Deeper Insights on Court Cases