Case Number: 15K12452 Hearing Date: January 17, 2018 Dept: 77

Judgment Creditor Terence M. Sternberg’s Motion for Assignment Order is GRANTED.

Legal Standard

Code of Civil Procedure section 708.510(a) states, in relevant part:

(a) Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor or to a receiver appointed pursuant to Article 7 (commencing with Section 708.610) all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments, including but not limited to the following types of payments:

(1) Wages dues from the federal government that are not subject to withholding under an earnings withholding order.

(2) Rents.

(3) Commissions.

(4) Royalties.

(5) Payments due from a patent or copyright.

(6) Insurance policy loan value.

Code of Civil Procedure section 708.510(c), further provides:

[I]n determining whether to order an assignment or the amount of an assignment pursuant to subdivision (a), the court may take into consideration all relevant factors, including the following:

(1) The reasonable requirements of a judgment debtor who is a natural person and of persons supported in whole or in part by the judgment debtor.

(2) Payments the judgment debtor is required to make or that are deducted in satisfaction of other judgments and wage assignments, including earnings assignment orders for support.

(3) The amount remaining due on the money judgment.

(4) The amount being or to be received in satisfaction of the right to payment that may be assigned.

Construing all the applicable statutes together, it seems clear that the “assignment order” contemplated by CCP section 708.510 et seq. must include a court order that assigns a right to payment outright (not simply an order directing the judgment debtor to do so).

Discussion

Judgment Creditor Terence Sternberg (“Judgment Creditor”) moves for an order assigning to him any and all commissions owed to Judgment Debtor Ray Ross (“Judgment Debtor”) from Compass California, Inc. dba Compass aka Compass Real Estate (“Compass”), in an amount sufficient to satisfy the judgment.

On September 29, 2016, Judgment Creditor obtained a judgment against Judgment Debtor in the amount of $10,203.00. (Motion, Spiwak Decl., ¶2.) Judgment Debtor is listed as a licensed “Salesperson” with the State of California Bureau Real Estate, and Compass lists him as an “Agent / Estate Agent” on its website. (Id. at ¶4 and Exh. 1.) This evidence sufficiently demonstrates that Judgment Debtor may be due and owing commissions from Compass that can be assigned to satisfy the judgment entered in this action.

Moving party to give notice.