This case was last updated from Los Angeles County Superior Courts on 09/15/2021 at 11:16:51 (UTC).

THE BEST SERVICE CO. VS MITSUMASA OKAMOTO-ET AL

Case Summary

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, MCKNEW, THOMAS I., JR., MEYERS, PATRICK, FALCONE, DEWEY L., MARGARET MILLER BERNAL, PATRICK T. MEYERS, JOHN A. TORRIBIO, BIRNEY, WILLIAM J. JR. and JOSEPH R. PORRAS. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2122

  • Filing Date:

    07/07/2000

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Debt Collection

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

PRATT, DANIEL SOLIS

MCKNEW, THOMAS I., JR.

MEYERS, PATRICK

FALCONE, DEWEY L.

MARGARET MILLER BERNAL

PATRICK T. MEYERS

JOHN A. TORRIBIO

BIRNEY, WILLIAM J. JR.

JOSEPH R. PORRAS

 

Party Details

Plaintiff

BEST SERVICE CO. THE

Defendants

OKAMOTO AKIKO

OKAMOTO MITSUMASA

OKAMOTO MIKE

SUPREME AUTO LEASING

OKAMOTO BONNIE

OKAMOTO MITSUMASA DBA SUPREME AUTO LEASING

Assignees

WV SPE 2018-3A

WVJP 2018-3 LP

WESTERN LOANS LLC

Cross Defendant

UNITED CALIFORNIA BANK

Not Classified By Court and Assignees

WVJP 2018-3 LP

WV SPE 2018-3A LLC

Other

HOOD & REED "FAP"

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorneys

GORDON JOHN E.

LAW OFFICES OF JAMES T. REED JR

MIELE KENNETH J.

HOOD & REED "FAP"

OFFICE OF THE GENERAL COUNSEL

Defendant Attorneys

BURKENROAD DAVID

REMER DIVINCEZNO & GRIFFITH ESQ

Assignee Attorney

WALKER HOLLY METZLER

 

Court Documents

Request for Judicial Notice

8/12/2020: Request for Judicial Notice

Abstract of Judgment - Civil and Small Claims

8/12/2020: Abstract of Judgment - Civil and Small Claims

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: 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

Application for Order of Sale of Dwelling

8/12/2020: Application for Order of Sale of Dwelling

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

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

Writ - Return

6/23/2020: Writ - Return

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

11/15/2019: 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

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)

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)

Request For Copies - REQUEST FOR COPIES RE: VOLUMES 1 & 2

7/16/2018: Request For Copies - REQUEST FOR COPIES RE: VOLUMES 1 & 2

Request For Copies - REQUEST FOR COPIES RE: VOLUME 3

7/26/2018: Request For Copies - REQUEST FOR COPIES RE: VOLUME 3

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

11/5/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATION)

9/18/2019: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATION)

Abstract of Judgment - Civil and Small Claims -

7/5/2018: Abstract of Judgment - Civil and Small Claims -

Notice of Hearing on Claim of Exemption or in lieu of Third-Party Claim

3/8/2019: Notice of Hearing on Claim of Exemption or in lieu of Third-Party Claim

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

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

Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATION)

7/3/2019: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATION)

Acknowledgment of Satisfaction of Judgment

7/15/2019: Acknowledgment of Satisfaction of Judgment

82 More Documents Available

 

Docket Entries

  • 08/11/2021
  • DocketWrit - Return

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  • 06/09/2021
  • DocketAssignment of Judgment; Filed by Western Loans, LLC (Assignee)

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  • 05/05/2021
  • DocketCertificate (of Clerk - Judgment Creditor's Costs Added to Judgment); Filed by WV SPE 2018-3A (Assignee)

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  • 04/23/2021
  • DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by WV SPE 2018-3A (Assignee)

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  • 04/15/2021
  • DocketNotice (of Entry of Judgment or Order); Filed by WV SPE 2018-3A (Assignee)

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  • 04/07/2021
  • Docketat 1:30 PM in Department C; Hearing on Motion for Order (to Accept Highest Bid for Sale of Dwelling) - Held

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  • 04/07/2021
  • DocketCourt Order/Ruling (Hearing 4-7-21); Filed by Clerk

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  • 04/07/2021
  • DocketOrder Appointing Court Approved Reporter as Official Reporter Pro Tempore; Filed by BEST SERVICE CO., The (Plaintiff)

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  • 04/07/2021
  • DocketMinute Order ( (Hearing on Motion for Order to Accept Highest Bid for Sale of...)); Filed by Clerk

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  • 04/07/2021
  • 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)

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448 More Docket Entries
  • 07/31/2000
  • DocketAnswer; Filed by Defendant

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  • 07/31/2000
  • DocketRtn of Service of Summons & Compl (MITSUMASA OKAMOTO ); Filed by Attorney for Plaintiff

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  • 07/31/2000
  • DocketSummons Filed; Filed by Attorney for Plaintiff

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  • 07/31/2000
  • DocketAnswer to Complaint Filed; Filed by Defendant, & Defendant in Pro Per

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  • 07/31/2000
  • DocketSummons; Filed by Plaintiff

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  • 07/31/2000
  • DocketRtn of Service of Summons & Compl

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  • 07/07/2000
  • DocketComplaint Filed

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  • 07/07/2000
  • DocketNotice of Status Conference; Filed by Clerk

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  • 07/07/2000
  • DocketNotice of Status Conference and Order; Filed by Clerk

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  • 07/07/2000
  • DocketComplaint; Filed by BEST SERVICE CO., The (Plaintiff)

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Tentative Rulings

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.

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