On 04/28/2017 ALAIN R'BIBO filed a Contract - Other Contract lawsuit against SARKIS SAM KHLGATIAN. This case was filed in Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California. The Judge overseeing this case is WILLIAM D. STEWART. The case status is Disposed - Judgment Entered.
****6700
04/28/2017
Disposed - Judgment Entered
Los Angeles County Superior Courts
Burbank Courthouse
Los Angeles, California
WILLIAM D. STEWART
R'BIBO ALAIN
KHLGATIAN SARKIS SAM
MOUNTAIN RECOVERY LLC
DAVIDOVICH KAUFMAN LEGAL GROUP APA
3/14/2019: Assignment of Judgment
1/16/2019: Application and Order Regarding Lost Writ
1/24/2019: Writ of Execution
1/24/2019: Unknown
10/25/2018: Affidavit
11/20/2018: Unknown
1/9/2019: Affidavit
Assignment of Judgment; Filed by Alain R'Bibo (Plaintiff)
Application for Issuance of Writ of Execution, Possession or Sale; Filed by Alain R'Bibo (Plaintiff)
Writ of Execution ((Los Angeles)); Filed by Alain R'Bibo (Plaintiff)
Application and Order Regarding Lost Writ; Filed by Alain R'Bibo (Plaintiff)
Affidavit (Affidavit of Interest); Filed by Alain R'Bibo (Plaintiff)
Abstract of Judgment - Civil and Small Claims; Filed by Clerk
Notice of Rejection - Post Judgment; Filed by Clerk
Writ of Execution ((Los Angeles)); Filed by Clerk
Affidavit (Of Interest Computations in Support of Writ of Execution); Filed by Alain R'Bibo (Plaintiff)
Notice of Case Relocation Rescheduling; Filed by Plaintiff
Minute order entered: 2017-07-12 00:00:00; Filed by Clerk
Notice of Settlement; Filed by Alain R'Bibo (Plaintiff)
Request for Entry of Default / Judgment; Filed by Alain R'Bibo (Plaintiff)
Request for Dismissal-Partial; Filed by Alain R'Bibo (Plaintiff)
Proof of Service of Summons and Complaint; Filed by Alain R'Bibo (Plaintiff)
Default Entered; Filed by Alain R'Bibo (Plaintiff)
OSC-Failure to File Proof of Serv; Filed by Court
Notice of Case Management Conference; Filed by Court
Summons; Filed by Alain R'Bibo (Plaintiff)
Complaint filed-Summons Issued; Filed by Alain R'Bibo (Plaintiff)
Case Number: EC066700 Hearing Date: March 06, 2020 Dept: A
R’Bibo v Khlgation
Motion for Assignment Order
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Calendar: |
16 |
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Case No.: |
EC066700 |
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Hearing Date: |
March 06, 2020 |
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Action Filed: |
April 28, 2017 |
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Judgment: |
February 28, 2018 |
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MP: |
Assignee of Record Mountain Recovery, LLC |
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RP: |
N/A |
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