2015-00184105-CL-BC

Prestige Financial Services, Inc. vs. Tandra Bell-Louis

Nature of Proceeding: Motion for Assignment Orderand for Order Restraining Judgment Debtor

Filed By: Nagel, Austin P.

Judgment creditor Prestige Financial Services, Inc.’s motion for assignment order instructing judgment debtor Tandra Bell-Louis to assign her interest in compensation received form Golden Gate University, as an Adjunct Professor, is UNOPPOSED but is DENIED without prejudice.

Judgment Creditor has a Judgment against Judgment Debtor in the amount of

$17,109.36. Judgment was entered on May 3, 2016. The balance due and now owing is $17,109.36, plus interest.

A judgment creditor may apply to the court for an order requiring the judgment debtor to assign to the creditor or a receiver appointed under C.C.P. 708.610 et seq. all or part of the debtor’s right to a payment due or to become due, whether or not the right is conditioned on future developments. (C.C.P. 708.510(a); see C.J.E.R., Judges Benchbook: Civil Proceedings–After Trial §7.56 et seq.; Rutter Group, 2 Enforcing Judgments and Debts §6:1422 et seq.; C.E.B., 2 Debt Collection Practice 2d, §11.21 et seq.) The Court has broad discretion in deciding whether to order an assignment and in exercising its discretion may consider relevant factors such as the amount remaining due on the judgment and the amount remaining to be received on the right to payments. (CCP § 708.510(c).) As with most motions, moving party has the burden of persuasion.

Pursuant to CCP § 708.510(a), a Court may order the judgment debtor to assign to the judgment creditor “all or part of a right of payment due or to become due, whether or not the right is conditioned on future development…” The Court has broad discretion in deciding whether to order an assignment and in exercising its discretion may consider relevant factors such as the amount remaining due on the judgment and the amount remaining to be received on the right to payments. (CCP § 708.510(c).) The only constraint placed on the court by the statute is that the right to payment be assigned to the extent necessary to satisfy the money judgment. (Code Civ. Proc. § 708.510(c) (f).)

Here, Judgment Creditor’s counsel states that he is “informed and believe[s] that the following right to payments due or will become due to the Judgment Debtor as a periodic stipend.” (Nagel Decl. ¶ 5.) Moving party has the burden of persuasion. However, the declaration in support of the motion does not demonstrate that Judgment Debtor has any interest in the purported stipend from Golden Gate University sought to be assigned. Indeed, Judgment Creditor’s counsel declares only that he is “informed and believe[s]” that the periodic stipend is due or will become due to Judgment Debtor. Declarations on “information and belief” carry no evidentiary value. Allegations based on information and belief do not establish personal knowledge of the facts. (Bowden v. Robinson (1977) 67 Cal.App.3d 705, 719.) Statements made on information and belief “are hearsay and must be disregarded…, and [they] are ‘unavailing for any purpose’ whatever…A ruling ‘of the court is to be based upon facts which may be presented to it, and not upon the belief of the affiant…Such allegations on ‘information and belief’ furnish no proof of the facts stated.” (Thiebaut v. Blue Cross (1986) 178 Cal.App.3d 1157, 1161 [quoting Star Motors Imports, Inc. v. Superior Court (1979) 88 Cal.App.3d 201, 204].) While exceptions exist, such exceptions apply only where the information at issue is incapable of positive averment or where expressly permitted by statute. ( City of Santa Cruz v. Municipal Court (1989) 49 Cal.3d 74, 87; see, e.g. CCP 708.120

(a).) Such is not the case here.

The motion for an assignment and restraining order after assignment therefore is not supported by any admissible evidence that Judgment Debtor is entitled to the payments sought to be assigned and is denied without prejudice.

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