A judgment creditor may assign a judgment to a third person. (Code of Civ. Proc., § 954.) “Through such an assignment, the assignee ordinarily acquires all the rights and remedies possessed by the assignor for the enforcement of the debt, subject, however, to the defenses that the judgment debtor had against the assignor.” (Great W. Bank v. Kong (2001) 90 Cal.App.4th 28, 108.)

Legal Standard

“[I]t is a fundamental principle of law that one of the chief incidents of ownership in property is the right to transfer it. This ‘chief incident of ownership’ applies equally to tangible and intangible forms of property, including causes of action.... An assignment is a commonly used method of transferring a cause of action.” (Essex Ins. Co. v. Five Star Dye House, Inc. (2006) 38 Cal.4th 1252, 1259.)

“In determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.” (National Reserve Co. of America v. Metropolitan Trust Co. of Calif. (1941) 17 Cal.2d 827, 832.) “An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.” (Id.)

Acknowledgment of Assignment of Judgment

“An assignee of a judgment is not entitled to enforce the judgment... unless an acknowledgment of assignment of judgment to that assignee has been filed under Section 673 or the assignee has otherwise become an assignee of record.” (Code Civ. Proc., § 681.020.) “[F]iling means actual delivery to the clerk at his place of business during office hours.... [D]epositing the notice in the mail is not a filing.” (People v. Slobodion (1947) 30 Cal.2d 362, 367; United Farm Workers of America v. Agricultural Labor Relations Board (1985) 37 Cal.3d 912, 918].)

“An assignee of a right represented by a judgment may become an assignee of record by filing with the clerk of the court which entered the judgment an acknowledgment of assignment of judgment.” (Code of Civ. Proc., § 673(a).) An acknowledgment of assignment of judgment shall contain the title of the court where the judgment is entered and the cause and number of the action.” (Code of Civ. Proc., § 673(b).)

Motor Vehicle Forfeiture

In People v. One 1986 Cadillac Deville (1999) 70 Cal.App.4th 157, 163, the court of appeal held that the trial court has discretion to deny forfeiture under Section 14607.6(a) even though all of the elements of the statute are met. In Cadillac, the driver of a motor vehicle was stopped for exceeding the speed limit. When the driver failed to produce a valid driver’s license, the vehicle was impounded. Because the driver had been previously convicted of driving while his driving privilege had been suspended, the district attorney initiated forfeiture proceedings. During the forfeiture hearing, the driver presented a valid driver’s license that was issued after his vehicle had been impounded. After considering the evidence, the trial court denied the petition for forfeiture and ordered the vehicle returned to the claimant.

On appeal, the district attorney argued that the trial court had no discretion to deny the petition because all of the criteria for forfeiture under Section 14607.6 had been met. The court of appeal disagreed and affirmed the judgment. (Id., at 163.) The court reasoned that the statutory language “subject to forfeiture” means the court has discretion whether to deny forfeiture. Id., at 160. Although the district attorney argued that reading the statute to confer discretion to deny forfeiture would defeat the purpose of the statute, which is to deter those previously convicted of driving without a license from again driving without a license, the court found this argument unpersuasive. The court noted that there is a significant deterrent in the costs and inconvenience inherent in impoundment and retention of the vehicle. Moreover, there is no assurance that the court will exercise its discretion to return the vehicle to the claimant. (Id., at 163.)