2017-00208799-CU-BC

Jamshir Khan vs. Mahendra Datt Sharma

Nature of Proceeding: Motion for Order Charging Judgment Debtor’s Partnership Interest

Filed By: DeAmicis, Brian

Plaintiff’s Motion For Order Charging Judgment Debtor’s Mahendra Datt Sharma’s Partnership Interest in TBS Family Limited Partnership pursuant to CCP 708.310 is denied, without prejudice.

California Code of Civil Procedure Section 708.310 provides that; if a money judgment is rendered against a member, but; not against the limited liability company, the Judgment Debtor’s interest in the limited liability company may be applied toward the satisfaction of the judgment by an order charging the Judgment Debtor’s interest, pursuant to Section 17705.03 of the California Corporations Code. Corporations Code Section 17705.03 provides that the Court that entered the judgment may charge the assignable membership interest of the debtor-member with payment of the unsatisfied amount of the judgment and interest and costs thereon and may make all other orders which the circumstances of the case require.

Plaintiff seeks to charge judgment debtor’s interest in the LLC to satisfy the judgment entered on January 18, 2018, in the amount of $43,418.13, plus costs of $226 and interest on the unsatisfied portion of the judgment at the legal rate since July 26, 2019.

Counsel Brian DeAmicis states that the primary owner of the property is listed as the TBS Family Limited Partnership. He states “Defendant and his wife Sylvia Sharma were at one time legal owners of the real property at 4106 Garden Highway, Sacramento and are currently equitable owners of that property. He makes several other statements concerning the property that lack foundation and personal knowledge. The most recent property record he refers to (not attached to the motion) was recorded in 2006 that purportedly deeds the property from the Sharmas as individuals to the TBS Family LP (Decl of DeAmicis ¶ 4))

This matter was continued to this date from August 29, 2019 to allow plaintiff to reply to the late opposition filed by Steve Sharma on August 23. Steve Sharma, the son of defendant, filed a late opposition. He states in his opposition that defendant, Mahendra Sharma, has no interest in the TBS Family Partnership. He states that judgment debtor and Silvia Sharma, his mother, were legally separated in 2007 and that the parties agreed by court order of 2009 that any and all interest in TBS be awarded to Silvia Sharma as her sole and separate property. He states that judgment creditor has filed an improper lien on the Garden Highway residence. However, any request to withdraw the judgment lien must be made by noticed motion.

The Reply was timely filed on September 16 in which Mr DeAmicis states that the eminent domain action has been dismissed without prejudice and that a new complaint will soon be filed. Like the moving papers, the Reply is not supported by admissible evidence. Based on the lack of admissible evidence supporting the motion, the motion for order charging judgment debtor’s partnership interest is denied, without prejudice. Even if, as argued by plaintiff, Steve Sharma’ opposition is not considered because he cannot represent the defendant, the Court finds judgment creditor has not met his evidentiary burden to show that judgment debtor has a current interest in the limited partnership.

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.