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John F. Bradley, Jr., Bar No. 166153
Attorney at Law
28 North First Street, Suite 400
San Jose, CA 95113-1210
408-998-2000
Attorney for Noe Madrigal
SUPERIOR COURT OF CALIFORNIA
SANTA CLARA COUNTY, UNLIMITED CIVIL JURISDICTION
NOE MADRIGAL, } Case No.: 110CV184285
Plaintiff, ) MEMORANDUM OF POINTS &
AUTHORITIES IN SUPPORT OF
MOTION BY JUDGMENT CREDITOR
NOE MADRIGAL FOR ASSIGNMENT
Date:
Time: 9:00 a.m.
Dept.:
Action Filed: 10/6/2010
Trial Date: n/a — vost-iudgment
v.
SAHIB B. MANN, DOES 1-20,
Defendants.
mmm
Judgment creditor Noe Madrigal seeks assignment of monies due or which may become
due judgment Sahib B. Mann from sales, services, consulting, investments, or otherwise
including, but not limited to, accounts, accounts receivable, general intangibles, or monies owing}
or which become due for real estate or equipment sales, services, consulting, investments, or
other transactions. These accounts receivable are an asset, and it should be assigned to help pay
the judgment.
BACKGROUND
Judgment creditor won a money judgment against judgment debtor Mann after suing on
promissory note. Judgment debtor’s answer was struck for failing to participate in discovery,
including producing documents for review by an examiner of questioned writings. Judgment
1
Memorandum Of Points & Authorities In Support Of Motion For Assignment Orderdebtor Mann has been in two bankruptcy proceedings for more than six of the almost eight years
since the judgment was entered. Nothing has been paid or collected on the judgment, voluntarily
or otherwise. The last bankruptcy was dismissed on May 22, 2020 after the judgment debtor
failed to confirm a plan for his Chapter 13 case.
Judgment debtor earns income from real estate or equipment sales, services, consulting,
investments, or otherwise including, but not limited to, accounts, accounts receivable, or general
intangibles owing to judgment debtor. These are assets and should be assigned toward payment
of the outstanding judgment.
The judgment debtor uses various name combinations and aliases. Those should also be
reflected on the assignment order.
POINTS AND AUTHORITIES
1. Assignment order available for enforcement of a judgment.
“Except as otherwise provided by law, all property of the judgment debtor is subject to
enforcement of a money judgment.” Code of Civil Procedure § 695.010(a), emphasis supplied.
The Enforcement of Judgment law specifically provides that the Court may make an
order that the judgment debtor assign to the creditor all or part of a right to payment due or to
become due. CCP § 708.510(a). The right to payment may be conditioned on future
developments, i.e. a conditional obligation. CCP § 708.510(a). The statute provides expansive
examples including, but not limited to, commissions. CCP § 708.510(a)(3). The list of examples|
is clearly not a limitation on what may be assigned.
The application for an assignment order shall be made on noticed motion and may be
served by mail. CCP § 708.510(a) and (b).
The Court should make this order here. Monies judgment debtor is owed from his work
in real estate, equipment, or otherwise are an asset, and that income should be assigned to help
pay the judgment.
2. Plaintiff requests that the amount to be paid over on the assignment order be
limited to 25% of monies due.
In evaluating making an assignment order, or the amount of such an order, the Court may
consider all relevant factors including requirements of the judgment debtor and dependents,
2
Memorandum Of Points & Authorities In Support Of Motion For Assignment Orderpayments the debtor is required to make or that are deducted for other judgments or wage
assignments, the amount remaining due on the judgment, and the amount being or to be received
in satisfaction of the right that may be assigned. CCP § 708.510(c)(1) to (4).
Judgment creditor seeks an assignment of 25% of the monies due or which may become
due for publishing related activities. This is a conservative percentage to use. It is the same
amount as the maximum wage garnishment. Code of Civil Procedure § 706.050. A wage
garnishment applies to earnings paid by an employer to an employee. Code of Civil Procedure §
706.011(b). Here the judgment debtor is not an employee, and monies he is owed for real estate
or equipment sales or other transactions are not earnings subject to that limitation. Moses v.
Deversecy (1984) 157 Cal. App. 3d 1071, 1074. Nevertheless, the court the court should use the
same limitation.
3. Aliases.
Judgment debtor Mann uses various name combinations and aliases as follows: Sahib B.
Mann, aka Sahib Bhagwan Mann, aka Sahib Mann, aka Bhagwan Mann, aka Bhagwan S. Mann,
aka Cy Mann. These are reflected on an order approving affidavit of identity; copy provided as
Exhibit 4. To avoid doubt or confusion, these aliases should also be reflected on the assignment
order.
CONCLUSION
Money owing to the judgment debtor for sales and services related to real estate or
equipment transactions, or otherwise, is an asset which should be applied toward paying down
this significant judgment.
Dated: July_7 _, 2020 FL
JOHN F. BRADLEY, JR.
Attorney for Judgment Creditor
Noe Madrigal
3
Memorandum Of Points & Authorities In Support Of Motion For Assignment Order
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John F. Bradley, Jr., Bar No. 166153 Attorney at Law 28 North First Street, Suite 400 San Jose, CA 95113-1210 408-998-2000 Attorney for Noe Madrigal SUPERIOR COURT OF CALIFORNIA SANTA CLARA COUNTY, UNLIMITED CIVIL JURISDICTION NOE MADRIGAL, } Case No.: 110CV184285 Plaintiff, ) MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION BY JUDGMENT CREDITOR NOE MADRIGAL FOR ASSIGNMENT Date: Time: 9:00 a.m. Dept.: Action Filed: 10/6/2010 Trial Date: n/a — vost-iudgment v. SAHIB B. MANN, DOES 1-20, Defendants. mmm Judgment creditor Noe Madrigal seeks assignment of monies due or which may become due judgment Sahib B. Mann from sales, services, consulting, investments, or otherwise including, but not limited to, accounts, accounts receivable, general intangibles, or monies owing} or which become due for real estate or equipment sales, services, consulting, investments, or other transactions. These accounts receivable are an asset, and it should be assigned to help pay the judgment. BACKGROUND Judgment creditor won a money judgment against judgment debtor Mann after suing on promissory note. Judgment debtor’s answer was struck for failing to participate in discovery, including producing documents for review by an examiner of questioned writings. Judgment 1 Memorandum Of Points & Authorities In Support Of Motion For Assignment Orderdebtor Mann has been in two bankruptcy proceedings for more than six of the almost eight years since the judgment was entered. Nothing has been paid or collected on the judgment, voluntarily or otherwise. The last bankruptcy was dismissed on May 22, 2020 after the judgment debtor failed to confirm a plan for his Chapter 13 case. Judgment debtor earns income from real estate or equipment sales, services, consulting, investments, or otherwise including, but not limited to, accounts, accounts receivable, or general intangibles owing to judgment debtor. These are assets and should be assigned toward payment of the outstanding judgment. The judgment debtor uses various name combinations and aliases. Those should also be reflected on the assignment order. POINTS AND AUTHORITIES 1. Assignment order available for enforcement of a judgment. “Except as otherwise provided by law, all property of the judgment debtor is subject to enforcement of a money judgment.” Code of Civil Procedure § 695.010(a), emphasis supplied. The Enforcement of Judgment law specifically provides that the Court may make an order that the judgment debtor assign to the creditor all or part of a right to payment due or to become due. CCP § 708.510(a). The right to payment may be conditioned on future developments, i.e. a conditional obligation. CCP § 708.510(a). The statute provides expansive examples including, but not limited to, commissions. CCP § 708.510(a)(3). The list of examples| is clearly not a limitation on what may be assigned. The application for an assignment order shall be made on noticed motion and may be served by mail. CCP § 708.510(a) and (b). The Court should make this order here. Monies judgment debtor is owed from his work in real estate, equipment, or otherwise are an asset, and that income should be assigned to help pay the judgment. 2. Plaintiff requests that the amount to be paid over on the assignment order be limited to 25% of monies due. In evaluating making an assignment order, or the amount of such an order, the Court may consider all relevant factors including requirements of the judgment debtor and dependents, 2 Memorandum Of Points & Authorities In Support Of Motion For Assignment Orderpayments the debtor is required to make or that are deducted for other judgments or wage assignments, the amount remaining due on the judgment, and the amount being or to be received in satisfaction of the right that may be assigned. CCP § 708.510(c)(1) to (4). Judgment creditor seeks an assignment of 25% of the monies due or which may become due for publishing related activities. This is a conservative percentage to use. It is the same amount as the maximum wage garnishment. Code of Civil Procedure § 706.050. A wage garnishment applies to earnings paid by an employer to an employee. Code of Civil Procedure § 706.011(b). Here the judgment debtor is not an employee, and monies he is owed for real estate or equipment sales or other transactions are not earnings subject to that limitation. Moses v. Deversecy (1984) 157 Cal. App. 3d 1071, 1074. Nevertheless, the court the court should use the same limitation. 3. Aliases. Judgment debtor Mann uses various name combinations and aliases as follows: Sahib B. Mann, aka Sahib Bhagwan Mann, aka Sahib Mann, aka Bhagwan Mann, aka Bhagwan S. Mann, aka Cy Mann. These are reflected on an order approving affidavit of identity; copy provided as Exhibit 4. To avoid doubt or confusion, these aliases should also be reflected on the assignment order. CONCLUSION Money owing to the judgment debtor for sales and services related to real estate or equipment transactions, or otherwise, is an asset which should be applied toward paying down this significant judgment. Dated: July_7 _, 2020 FL JOHN F. BRADLEY, JR. Attorney for Judgment Creditor Noe Madrigal 3 Memorandum Of Points & Authorities In Support Of Motion For Assignment Order