Case Number: GC031394    Hearing Date: August 01, 2014    Dept: NCD

TENTATIVE RULING (8-1-14)
#7
GC 031394
THE CORNICHE CORPORATION v. RADOVAN

Judgment Creditor The Corniche Corporation’s Motion for Order to Charge LLC Interest

TENTATIVE:
[No Opposition].
Motion for Charging Order is GRANTED. Pursuant to Corporations Code section 17705.03(a), said charging order constitutes a lien on a judgment debtor’s transferable interest. The following liability companies, and all members thereof, are ordered to pay over to the entity to which the charging order is issued, The Corniche Corporation, any distribution that would otherwise be paid to judgment debtor Robert Radovan up to the amount of the judgment of $220,379.24, plus interest accrued at the rate of 10% per annum from November 8, 2013 to the date of payment:
1) Criswell-Radovan, LLC
2) Cal Neva Lodge LLC
3) Aetna Preserve LLC
4) St. Helena Club LLC
5) CR Wines LLC

SUMMARY OF FACTS:
Plaintiff The Corniche Corporation brought this action alleging that defendant Robert Radovan had breached written leases for office space in Pasadena.

On March 23, 2004, the court entered a Judgment Pursuant to Stipulation for Entry of Judgment In Favor of Plaintiff And Against Defendant, entering judgment that plaintiff was to recover from defendant Radovan the sum of $113,000.

On November 8, 2013, the judgment was renewed in a total sum of $220,379.24.

ANALYSIS:
Under CCP § 708.310:
“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 15907.3, 16504, or 17705.03 of the Corporations Code.”

Corporations Code section 17302 had been replaced by Corporations Code section 17705.03 (effective January 1, 2014).

Section 17705.03 is the exclusive means by which the debt may be satisfied by the LLC interest. Here, the moving papers submit documents from secretary of state records showing that judgment debtor is a member in five limited liability companies. [Murray Decl., Exs. 1-5]. This showing is sufficient to entitle plaintiff/judgment creditor to a charging order. There is no opposition here, and it appears that not only judgment debtor but each of the other members have been served with these papers. There is no showing of any applicable exemption. Accordingly, the motion is granted and the charging order issued.