This case was last updated from Los Angeles County Superior Courts on 07/08/2019 at 02:45:26 (UTC).

A&J CAPITAL INC. VS INNERLINE ENGINEERING INC.

Case Summary

On 05/11/2018 a Contract - Debt Collection case was filed by A J CAPITAL INC against INNERLINE ENGINEERING INC in the jurisdiction of Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8182

  • Filing Date:

    05/11/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Burbank Courthouse

  • County, State:

    Los Angeles, California

Judge Details

WILLIAM D. STEWART

 

Party Details

Plaintiff

A&J CAPITAL INC.

Defendant

INNERLINE ENGINEERING INC.

 

Court Documents

Request for Entry of Default / Judgment

7/25/2018: Request for Entry of Default / Judgment

Request for Dismissal

7/25/2018: Request for Dismissal

Request

7/25/2018: Request

Notice

7/25/2018: Notice

Judgment

8/8/2018: Judgment

Notice

8/23/2018: Notice

Application and Order for Appearance and Examination

4/2/2019: Application and Order for Appearance and Examination

Minute Order

5/10/2019: Minute Order

Notice

5/14/2019: Notice

Proof of Personal Service

6/7/2019: Proof of Personal Service

Minute Order

6/28/2019: Minute Order

Notice

7/2/2019: Notice

 

Docket Entries

  • 07/02/2019
  • Notice (OF FAILURE TO APPEAR AT DEBTOR EXAMINATION AND ISSUANCE OF BENCH WARRANT (BODY ATTACHMENT)); Filed by A&J Capital Inc. (Plaintiff)

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  • 06/28/2019
  • at 08:30 AM in Department A, William D. Stewart, Presiding; Hearing on Application for Order for Appearance and Examination - Held - Continued

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  • 06/28/2019
  • Minute Order ( (Hearing on Application for Order for Appearance and Examination)); Filed by Clerk

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  • 06/07/2019
  • Proof of Personal Service; Filed by A&J Capital Inc. (Plaintiff)

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  • 05/14/2019
  • Notice (of Continuance of Debtor Examination); Filed by A&J Capital Inc. (Plaintiff)

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  • 05/10/2019
  • at 08:30 AM in Department A, William D. Stewart, Presiding; Hearing on Application for Order for Appearance and Examination - Held - Continued

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  • 05/10/2019
  • Minute Order ( (Hearing on Application for Order for Appearance and Examination)); Filed by Clerk

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  • 04/02/2019
  • Application and Order for Appearance and Examination; Filed by A&J Capital Inc. (Plaintiff)

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  • 09/28/2018
  • Writ issued; Filed by A&J Capital Inc. (Plaintiff)

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  • 09/26/2018
  • Writ-Other; Filed by Creditor

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13 More Docket Entries
  • 07/25/2018
  • Request for Dismissal

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  • 07/25/2018
  • Request for Entry of Default / Judgment

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  • 06/28/2018
  • Request for Entry of Default / Judgment; Filed by A&J Capital Inc. (Plaintiff)

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  • 06/28/2018
  • Default Entered; Filed by A&J Capital Inc. (Plaintiff)

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  • 05/21/2018
  • Proof of Service (not Summons and Complaint); Filed by A&J Capital Inc. (Plaintiff)

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  • 05/21/2018
  • Proof-Service/Summons; Filed by A&J Capital Inc. (Plaintiff)

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  • 05/11/2018
  • OSC-Failure to File Proof of Serv; Filed by Court

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  • 05/11/2018
  • Summons; Filed by A&J Capital Inc. (Plaintiff)

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  • 05/11/2018
  • Complaint filed-Summons Issued; Filed by A&J Capital Inc. (Plaintiff)

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  • 05/11/2018
  • Notice of Case Management Conference; Filed by Court

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Tentative Rulings

Case Number: EC068182    Hearing Date: November 15, 2019    Dept: A

A&J Capital Inc. v Innerline Engineering

Motion for Assignment Order

Calendar:

17

Case No.:

EC068182

Hearing Date:

November 15, 2019

Action Filed:

May 11, 2018

Judgment:

August 08, 2018

MP:

Judgment Creditor A&J Capital, Inc.

RP:

N/A

PRESENTATION:

Judgment Creditor A&J Capital, Inc. (“Plaintiff”) filed the instant motion seeking an order assigning Judgment Debtor Innerline Engineering, Inc. (“Innerline”)’s “interest in any and all payments and all rights to payment pursuant to any contract or agreement with any obligor, to the judgment creditor, to the extent necessary to pay the judgment creditor’s judgment in full, including accrued interest and costs through the date of payment.”

Plaintiff represents that the balance of the debt owed on judgment is $56,076.16.

RELIEF REQUESTED:

Plaintiff moves for an order assigning any income Innerline may ever receive from any source whatsoever to Plaintiff up to the amount of the judgment debt owed.

DISCUSSION:

Standard of Review – Code of Civ. Proc. §708.510 provides that 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, including but not limited to the following types of payments: (1) wages due 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; and (6) insurance policy loan value. Code of Civ. Proc. §708.510(a).

The  of the motion shall be served on the judgment debtor by personal service or by mail. Code of Civ. Proc. §708.510(b). In making a determination of whether to order an assignment or the amount of 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; and (4) the amount being or to be received in satisfaction of the right to payment that may be assigned. Code of Civ. Proc. §708.510(c). However, the right to payment may be assigned only to the extent necessary to satisfy the money judgment. Code of Civ. Proc. §708.510(d).

Here, the moving papers were served on Innerline by mail, the debtor is not a natural person, the amount remaining due is $56,076.16, but no information is provided as to any specific assignment has been provided. The code does not provide that a judgment debtor may obtain an assignment order on unspecified rights of payment from unspecified third parties, nor does Plaintiff provide any legal support for such a proposition. As such, if and when Plaintiff is able to identify any right to payment assignable from Innerline to Plaintiff, then Plaintiff may move for an assignment order for such identified right. See, e.g., Kracht v. Perrin (1990) 219 Cal. App. 3d 1019, 1023 (Because not all claims or rights to payments are assignable, the Court should not grant blanket motions to assign all rights without adequate notice of what rights or payments are reached by the proposed order). The Court will not order assignments of rights that have not been specified to it on motion.

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\ RULING: DENY

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records.

ORDER

Judgment Creditor A&J Capital, Inc.’s Motion for Assignment Order came on regularly for hearing on November 15, 2019, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows:

THE MOTION IS DENIED.

DATE: _______________ _______________________________

JUDGE