ALAIN R'BIBO VS. SARKIS SAM KHLGATIAN

Tentative Rulings

Case Number: ****6700    Hearing Date: March 06, 2020    Dept: A

R’Bibo v Khlgation

Motion for Assignment Order

ALLEGATIONS:

The action arose out of Defendant Sarkis Sam Khlgatian (“Defendant”) to remit lease payments on rental property located at 6061 Shadyglade Avenue, North Hollywood, CA 91606 (the “Property”) to the owner of the Property, Plaintiff Alain R’Bibo (“Plaintiff”).

Plaintiff filed his Complaint on April 28, 2017, alleging three causes of action sounding in (1) Breach of Guarantee, (2) Common Count – Quantum Meruit/Unjust Enrichment, and (3) Common Count – Account Stated.

Following service, the Court entered a Default Judgment against Defendant in the amount of $19,380.00 on February 28, 2018. The judgment was thereafter assigned to Assignee of Record Mountain Recovery, LLC (“Assignee”) on March 13, 2019, and filed with the Court on March 14, 2019.

PRESENTATION:

The instant motion for assignment order was filed by Assignee on December 11, 2019. No opposition or reply has been received.

RELIEF REQUESTED:

Assignee moves for an order assigning commissions or residuals earned through Defendant’s occupation as a licensed insurance adjustor under his California Department of Insurance License No. 0C28841.

DISCUSSION:

Lack of Service – The Court cannot identify any proof of service for the instant motion, and notes that one of the exhibits to the motion appears to provide a business address for Defendant’s place of business. Without proof of service, the Court cannot grant the instant order. Code of Civ. Proc. ;708.510(b).

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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

Assignee of Record Mountain Recovery, LLC’s Motion for Assignment Order came on regularly for hearing on March 06, 2020, 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