2009-00066513-CU-BC
LNV Corporation vs. Arshad Mahmood Wahla
Nature of Proceeding: Motion for Charging Order and Appointment of Receiver
Filed By: Phinney, Thomas R.
Judgment Creditor CXA-16 Corporation’s motion for charging order and for
appointment of receiver is UNOPPOSED but is DENIED without prejudice.
CCP section 708.310 provides: “If a money judgment is rendered against a partner or
member but not against the partnership or limited liability company, the judgment
debtor’s interest in the partnership or limited liability company may be applied toward
the satisfaction of the judgment by an order charging the judgment debtor’s interest
pursuant to Section 16504 or 17302 of the California Corporations Code.”
Corporations Code section 17302(a) provides for an appointment of a receiver to
collect the judgment debtor’s share of distributions and any other moneys due, or to
become due to the debtor from the partnership or LLC.
Judgment was entered against Judgment Debtor Arshad Wahla, among others, on
May 30 2013 in the amount of $1,067,526.73.
Judgment Creditor seeks an order charging the interest of Wahla in TSA Investments,
LLC. Judgment Creditor states that Whala “appears” to be the managing member of
TSA Investments because he is identified as the agent for service of process for the
corporation. (Motion, 4:10-12; Declaration of Thomas R. Phinney, Ex. 1.)
The Court, however, is not convinced that Wahla’s designation as TSA’s agent for
service of process evidences that Whala is a member of TSA Invesments. Accordingly, the motion is DENIED without prejudice.
The minute order is effective immediately. No formal order pursuant to CRC Rule
3.1312 or further notice is required.
Although the notice of motion provided notice of the Court’s tentative ruling system as
required by Local Rule 1.06, the notice does not comply with the current rule. Moving
counsel is directed to review the Local Rules, effective January 1, 2013.