Motion for assignment order
specifically identify each document they wish to seal by specifically where it can be found. For example, Respondent’s opposition located at ROA number ___, or Exhibit A to the Tooch Declaration found at ROA number ___. Any and all supplemental filings by Respondents must be filed and served no later than July 30, 2026.
Finally, the court notes neither side has yet reserved or otherwise obtained a hearing date on the petition to confirm the arbitration award or the opposition/request to vacate.
Respondents’ counsel is ordered to give notice of this ruling.
7 Raz Yaron vs. Before the court is a motion for assignment order filed by Sierra S. judgment creditor Raz Yaron (Creditor) on April 28, 2026, Conley against judgment debtor Sierra S. Conley (Debtor). Specifically, Creditor seeks an order instructing Debtor “to 2026-01546480 assign to [Creditor] any and all salaries, royalties, commissions and/or monies generated from Sierra Sue, LLC.” For the reasons set forth below, the motion is DENIED WITHOUT PREJUDICE.
Under Code of Civil Procedure section 708.510, “upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor . . . all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments . . . .” (Code Civ. Proc., § 708.510, subd. (a).)
The showing needed to obtain an assignment order is as follows: “Detailed evidentiary support for the request under § 708.510 is not required, but a judgment creditor is required to ‘describe [the sources of the right to payment] with sufficient detail so that [d]efendants can file a claim of exemption or other opposition.’ [Citation.] ‘[Section] 708.510(a) refers to a “payment due or to become due,” which suggests some degree of concreteness to the expected payment is required.’ [Citation.] ‘Certainly, there needs to be more than just speculation before the remedy of an assignment order can be provided.’ [Citation.]
To ensure that an assignment is both warranted and permissible under CCP § 708.510(a), courts require that a party seeking an assignment order identify the intended sources that are obligated to make payments to the judgment debtor. [Citation.]” (Linley Investments v. Jamgotchian (C.D. Cal. 2019) 2019 WL 1429507, at p. *3; see also Legal Additions LLC v. Kowalski (N.D. Cal. 2011) 2011 WL 3156724, at p. *2; UMG Recordings, Inc. v. BCD
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Music Grp., Inc. (C.D. Cal. 2009) 2009 WL 2213678; Penson & Company, LLC v. Cloudstyle Store (N.D. Cal. 2023) 2023 WL 8242123, at p. *1.)
Here, Creditor specified what right to payment Debtor is entitled to receive from Sierra Sue, LLC, but Creditor merely speculates Debtor “is receiving salaries, royalties, commissions and/or monies” from Sierra Sue, LLC. The only evidence produced by Creditor is Debtor being listed as a “manager” or “member” of Sierra Sue, LLC on the Statement of Information filed with the California Secretary of State. This evidence does not show Debtor is entitled to “salaries, royalties, commission and/or monies.” At present, there is nothing more than speculation as to Debtor’s right to payment(s) without any degree of concreteness.
To the extent Creditor seeks “any and all salaries,” Debtor’s wages cannot be subject to a section 708.510 assignment order. The Wage Garnishment Law, Code of Civil Procedure section 706.020, et seq., is the exclusive judicial method of compelling an employer to withhold an employee’s earnings to satisfy a judgment. (Code Civ. Proc., § 706.020; California State Employees’ Assn. v. State of California (1988) 198 Cal.App.3d 374, 377.)
To the extent Creditor seeks to reach Debtor’s interests in the LLC and distributions from the LLC, the relevant code provision is Code of Civil Procedure section 708.310 – not 708.510. Creditor did not file a motion for a charging order pursuant to Code of Civil Procedure section 708.310. The court generally cannot grant different relief, or relief on different grounds, than stated in the notice of motion. (People v. American Sur. Ins. Co. (1999) 75 Cal.App.4th 719, 726; Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1124.)
Creditor failed to show an assignment order is warranted and permissible under Code of Civil Procedure section 708.510.
Accordingly, the motion is DENIED WITHOUT PREJUDICE. The court notes there is an upcoming judgment debtor exam that may provide sufficient information to make the necessary showing. Moreover, other forms of discovery also are available.
Creditor’s counsel is ordered to give notice of this ruling.
8. Merchant Before the court is the renewed motion of plaintiff and Capital Source, judgment creditor Merchant Capital Source, LLC (Creditor) for order enforcing JP Morgan Chase Bank, N.A.’s statutory