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APRIL S. GLATT, ESQ. (SBN 185708) t april@chauvellaw.corn]
DARIN A. LEVILOFF, ESQ. (SBN 172410) [darinchauvellaw.corn]
CHAUVEL& GLATT, LLP
66 BOVET ROAD, SUITE 280
SAN MATEO, CALIFORNIA94402
TELEPHONE: 650-573-9500
SP,I4 MATFO C
FACSIMLE: 650-573-9689 ~)h(.
gP~ 3v
Attorneys for Plaintiffs
Victor M. Catanzaro and Rivendell Ii, LTD-LP,
7 A California Limited Partnership
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
Ue IN AND FOR THE COUNTY OF SAN MATEO
(Unlimited Jurisdiction)
BY FAX
7'ILE
Victor M. Catanzaro, an indIvidual, and Case No. CIV 531117
Rhvendell II, Ltd-LP, a Cahfornia
14 Limited Partnership MEMORANDUMOF POINTS AND
AUTHORITIES IN SUPPORT OF
15 Plaintiffs, MOTION FOR ORDER CHARGING
JUDGMENT DEBTOR'S PARTNERSHIP
16 v. INTEREST IN TBT INVESTMENTS
17 Robert Berman, an individual Date. /+~/~ S
Time:
18 Defendant. Dept..
19
20 Now comes PLAINTIFFS VICTOR M. CATANZARO and RIVENDELLII, LTD-LP, by
21 and through their attorneys, Chauvel k, Glatt, LLP, and in support of their Memorandum of
22 Points and Authorities in Support of their Motion for Order Charging Judgment Debtor'
23 Partnership Interest in TBT Investments ("Motion"), state as follows:
I. STATEMENT OF FACTS
On December 31, 2014, a Judgment by Default was entered m favor of Plaintiffs
26 VICTOR M. CATANZARO ("Catanzaro") and RIVENDELL II, LTD. LP ("Rivendell")
27
MEMORANDUMOF POINI'S AND AUTHORITIES IN SUPPORT OF MOTION FOR ORDER CHARGING JUDGMENT DEBTOR'
PARTNERSHIP INTEREST IN TET INVESTMENTS
(collectively, the "Judgment Creditors" ) and against Defendant ROBERT BERMAN ("Berman")
in the amount of $ 78,859.02 (the "Judgment"). See Exhibit A of the Motion, a true and correct
copy of the Judgment. To date, none of the Judgment has been satisfied. See Exhibit B of the
Motion, the Declaration of Victor M. Catanzaro
Berman owns, or recently, did own, a partnership interest in TBT Investments. The other
partners of TBT Investments are Richard Tifft and Terry TiQt. Id. See also Exhibit C of the
Motion, the Partnership Agreement of TBT Investments. Berman may have sold his interest in
TBT Investments to Richard TiQt, one of its other partners.
According to Berman, TBT Investments is to make a distribution of approximately
10 $ 100,000 to him in early February 2015. See Exhibit 8 of the Motion. Under the Partnership
Agreement, the partners may request and receive distributions at any time, as long as reasonable
12 and practicable. See pars 10-11 of Exhibit C of the Motion.
13 II. PLAINTIFFS HAVE A RIGHT TO AN ORDER CHARGING
HERMAN'S TRANSFKRRABLKPARTNERSHIP INTEREST
14 IN TST INVESTMENTS
15 The Judgment Creditors herein have a right to TBT Investments'istribution of Berman's
16 partnership interest pursuant to the Judgment. Ifa money judgment is entered against a partner,
17 but not against the partnership, as here, the judgment debtor's interest in the partnership may be
18 applied toward the satisfaction of the judgment by an order charging the judgment debtor'
19 partnership interest Code Civ Proc g 708.310 On application by a judgment creditor of a
20 partner or partner's transferee, the Court may charge the transferrable interest of the judgment
21 debtor to satisfy the judgment, and make all other orders, directions, accounts and inquiries that
the circumstances may require. Corp Code f 16504(a)
Section 16504 of the Corporations Code is the exclusive remedy by which a judgment
creditor of a partner or partner's transferee may satisfy a judgment &om the debtor's transferrable
25 interest in the partnership Corp. Code g 16504(e).
26
27 2
MEMORANDUMOF POINTS AND AUTHOIUTIES IN SUPPORT OF MOTION FOR ORDER CHARGING JUDGMENT DEBTOR'
2$ PARTNERS'NTEREST IN TBT INVESTMENTS
1 The Court should charge Berman's transferrable interest to satisfy the Judgment and may
2 do so even if Herman has already sold his interest. The Corporations Code specifically allows
3 the Court to charge the interest of the partner's transferee, as may be the case here. Corp Code P
4 16504(a) See also Exhibit B of the MotJon
5 The Judgment against Berman remains completely unsatisfied, and the upcoming
6 distribution of TBT Investments may satisfy itin whole. Plaintiffs have every right to said
I distribution and any other distributions and profits of the partnership, and accordingly, the Court
8 should enter an order charging Berman's partnership interest in TBT Investments to satisfy the
9 Judgment, until said Judgment is satisfied in whole.
10 III. CONCLUSION
11 The Court should enter an order charging Berman's partnership interest in TBT
12 Investments to satisfy the Judgment of $ 78,859.02 plus post-judgment interest pursuant to the
13 Code of Civil Procedure and the Corporations Code.
14
15 Dated January 21, 2015 Respectfully submi ed,
all
16
B>'.
17 April S. Glatt, /J
Attorneys for
18
Plaint'9
20
21
22]
23
24 I
25 I
26
I
e
27'
MEMORANDUMOF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR ORDER CHARGING JUDGMENT DEBTOR'
PARTNERSHIP INTEREST IN TBT INVESTMENTS
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APRIL S. GLATT, ESQ. (SBN 185708) t april@chauvellaw.corn] DARIN A. LEVILOFF, ESQ. (SBN 172410) [darinchauvellaw.corn] CHAUVEL& GLATT, LLP 66 BOVET ROAD, SUITE 280 SAN MATEO, CALIFORNIA94402 TELEPHONE: 650-573-9500 SP,I4 MATFO C FACSIMLE: 650-573-9689 ~)h(. gP~ 3v Attorneys for Plaintiffs Victor M. Catanzaro and Rivendell Ii, LTD-LP, 7 A California Limited Partnership IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA Ue IN AND FOR THE COUNTY OF SAN MATEO (Unlimited Jurisdiction) BY FAX 7'ILE Victor M. Catanzaro, an indIvidual, and Case No. CIV 531117 Rhvendell II, Ltd-LP, a Cahfornia 14 Limited Partnership MEMORANDUMOF POINTS AND AUTHORITIES IN SUPPORT OF 15 Plaintiffs, MOTION FOR ORDER CHARGING JUDGMENT DEBTOR'S PARTNERSHIP 16 v. INTEREST IN TBT INVESTMENTS 17 Robert Berman, an individual Date. /+~/~ S Time: 18 Defendant. Dept.. 19 20 Now comes PLAINTIFFS VICTOR M. CATANZARO and RIVENDELLII, LTD-LP, by 21 and through their attorneys, Chauvel k, Glatt, LLP, and in support of their Memorandum of 22 Points and Authorities in Support of their Motion for Order Charging Judgment Debtor' 23 Partnership Interest in TBT Investments ("Motion"), state as follows: I. STATEMENT OF FACTS On December 31, 2014, a Judgment by Default was entered m favor of Plaintiffs 26 VICTOR M. CATANZARO ("Catanzaro") and RIVENDELL II, LTD. LP ("Rivendell") 27 MEMORANDUMOF POINI'S AND AUTHORITIES IN SUPPORT OF MOTION FOR ORDER CHARGING JUDGMENT DEBTOR' PARTNERSHIP INTEREST IN TET INVESTMENTS (collectively, the "Judgment Creditors" ) and against Defendant ROBERT BERMAN ("Berman") in the amount of $ 78,859.02 (the "Judgment"). See Exhibit A of the Motion, a true and correct copy of the Judgment. To date, none of the Judgment has been satisfied. See Exhibit B of the Motion, the Declaration of Victor M. Catanzaro Berman owns, or recently, did own, a partnership interest in TBT Investments. The other partners of TBT Investments are Richard Tifft and Terry TiQt. Id. See also Exhibit C of the Motion, the Partnership Agreement of TBT Investments. Berman may have sold his interest in TBT Investments to Richard TiQt, one of its other partners. According to Berman, TBT Investments is to make a distribution of approximately 10 $ 100,000 to him in early February 2015. See Exhibit 8 of the Motion. Under the Partnership Agreement, the partners may request and receive distributions at any time, as long as reasonable 12 and practicable. See pars 10-11 of Exhibit C of the Motion. 13 II. PLAINTIFFS HAVE A RIGHT TO AN ORDER CHARGING HERMAN'S TRANSFKRRABLKPARTNERSHIP INTEREST 14 IN TST INVESTMENTS 15 The Judgment Creditors herein have a right to TBT Investments'istribution of Berman's 16 partnership interest pursuant to the Judgment. Ifa money judgment is entered against a partner, 17 but not against the partnership, as here, the judgment debtor's interest in the partnership may be 18 applied toward the satisfaction of the judgment by an order charging the judgment debtor' 19 partnership interest Code Civ Proc g 708.310 On application by a judgment creditor of a 20 partner or partner's transferee, the Court may charge the transferrable interest of the judgment 21 debtor to satisfy the judgment, and make all other orders, directions, accounts and inquiries that the circumstances may require. Corp Code f 16504(a) Section 16504 of the Corporations Code is the exclusive remedy by which a judgment creditor of a partner or partner's transferee may satisfy a judgment &om the debtor's transferrable 25 interest in the partnership Corp. Code g 16504(e). 26 27 2 MEMORANDUMOF POINTS AND AUTHOIUTIES IN SUPPORT OF MOTION FOR ORDER CHARGING JUDGMENT DEBTOR' 2$ PARTNERS'NTEREST IN TBT INVESTMENTS 1 The Court should charge Berman's transferrable interest to satisfy the Judgment and may 2 do so even if Herman has already sold his interest. The Corporations Code specifically allows 3 the Court to charge the interest of the partner's transferee, as may be the case here. Corp Code P 4 16504(a) See also Exhibit B of the MotJon 5 The Judgment against Berman remains completely unsatisfied, and the upcoming 6 distribution of TBT Investments may satisfy itin whole. Plaintiffs have every right to said I distribution and any other distributions and profits of the partnership, and accordingly, the Court 8 should enter an order charging Berman's partnership interest in TBT Investments to satisfy the 9 Judgment, until said Judgment is satisfied in whole. 10 III. CONCLUSION 11 The Court should enter an order charging Berman's partnership interest in TBT 12 Investments to satisfy the Judgment of $ 78,859.02 plus post-judgment interest pursuant to the 13 Code of Civil Procedure and the Corporations Code. 14 15 Dated January 21, 2015 Respectfully submi ed, all 16 B>'. 17 April S. Glatt, /J Attorneys for 18 Plaint'9 20 21 22] 23 24 I 25 I 26 I e 27' MEMORANDUMOF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR ORDER CHARGING JUDGMENT DEBTOR' PARTNERSHIP INTEREST IN TBT INVESTMENTS