Preview
Michael L. Gold‘ mith SBN 291700 File No. SF093552
GOLDSMITH»&'HULL, APC
16933 Parthenia St, Suite 110
Northridge, CA 91343
(818) 990—6600 Telephone
(818) 990—6140 Fax cusumti
FILED?
more SAN MATEO COUNTY
Attorneys for Plaintiff Egg;
JAN 2 32018
lllllllllllllllll||l|l||l|l|l||l| Clerko' Supe 0,.
By
DEP CLERK
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN MATEO
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ll STATE FARM GENERAL INSURANCE CASE NO. CLJ508730
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COMPANY
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Plaintiff, NOTICE OF MOTION AND MOTION
FOR ASSIGNMENT ORDER; 4
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vs. DECLARATION OF MICHAEL L.
LEONID YANOVSKY; DANIEL V. GOLDSMITH; MEMORANDUM OF ,
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YANOVSKY POINTS AND AUTHORITIES .
Date: Fehruaryfia , 2018
l6 Time: 9:00am
. Defendants. Dept. Law and Motion
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21 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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23 PLEASE TAKE NOTICE that on Februaryw, 2018, at 9:00am, or as soon thereafter as the
24 matter may be heard, in Department “Law and Motion ” of the above-entitled court, located at 400
25 County Center, Redwood City, CA 94063 , plaintiff will move the court for an. Order instructing Sunset
26 Pacific Transportation, the payor for work employed as an Independent Contractor for defendants Leonid
27 Yanovsky and Daniel Yanovksy, to assign defendants Leonid Yanovsk’s interestand Daniel Yanovsky’ 3
28 interest in any salaries, commissions, bonuses , fees, royalties and all rights to payment thereunder, to
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NOTICE OF MOTION AND MOTION FOR ASSIGNMENT ORDER; DECLARATION OF MICHAEL L.
GOLDSMITH; MEMORANDUM OF POINTS AND AUTHORITIES
RECEEVED-
JAN232018
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plaintiffto the extent necessary to pay the plaintifi" s judgment in fiill, including accrued interest through the
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date of the payment.
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This motion is made on the grounds that the plaintiff has aj udgrnent against defendant Leonid
Yanovsky, the balance due on which, including accrued interest up to the date that the judgment was
entered, is $12,25 1 .43 , with interest accruing at $2.56 per day, and that the plaintiff has an assignable
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right to the payments described herein.
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This motion will be based on this Notice, the attached Declaration ofMichael L. Goldsmith, the
Memorandum of Pointsand Authorities set forth and Request for Judicial Notice and the complete files
and records on this action.
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14 Datedzjq/Mfld Hi 2018 - '~
GOLDSMITH & HULL, APC
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By
L. Goldsmith
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Attorneys for Plaintiff / Judgment Creditor
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NOTICE OF MOTION AND MOTION FOR ASSIGNMENT ORDER; DECLARATION OF MICHAEL L.
GOLDSMITH; MEMORANDUM OF POINTSAND AUTHORITIES
DECLARATION OF MICHAEL L. GOLDSMITH
1, Michael L. Goldsmith, declare and state:
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I am an attorney at law duly licensed to practice before all courts ofthe State of Cahforma
and am a partner with the laW firm of Goldsmith & Hull, A Professional-CorpOration,
attorneys ofrecord for plaintiff _in the above-captioned matter. Based upon my handling
of the above-referenced case, the matters stated within this,declaration are of my own
personal knowledge, unless stated upon information and belief, and as to those items, I
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believe them to be true and correct.
Judgment’was entered herein on December 5, 2014 in the sum of $9,337.59 in favor of
10 plaintiff State Farm General Insurance Company and against. defendants Daniel Yanovsky
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11 and Leonid Yanovsky.
12 No payments whatsoever have been received from any’of the defendants in this matter.
13 There is now a due and owing the amount of$12,251.43 as of January 17, 2018, plus
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14 daily interest accruing at a daily rate of $2.5 6 at the legal rate of interest of l 0%, and post
15 judgment costs incurred:
16 The Judgment is final and enforcement thereof is not stayed,
17 I have conducted-a background check on defendant Daniel Yanovsky and leonid
18 Yanovsky, and found that they both work together as independent contractors for
19 Sunset Pacific Transportation Marked and attached hereto as Exhibit “A”.
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21 I declare under penalty of perjury under the laws of the State of California that the foregoing is true
22 and correct.
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24 Executed this l i day of 346%z, 2018 at Northridge, California.
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m. Goldsmith
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NOTICE OF MOTION AND MOTION FOR ASSIGNMENT ORDER; DECLARATION OF MICHAEL L.
GOLDSMITH, MEMORANDUM OF POINTS AND AUTHORITIES
,
MEMORANDUM OF POINTS AND AUTHORITIES
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1.. STATEMENT OF THE CASE
This 15 a lawsuit to collect $8, 750. 00 out of a subrogation premised on property damage.
On December 5, the court entered a default judgment against all defendants 1n the amounts of $8 750. 00
in damages, $184.59. prejudgment interest, $403 .00 costs, for a total of $9,337.59. (See: Plaintiff s
Request for Judicial Notice).
2. THE COURT MAY ORDER THE JUDGMENT DEBTOR TO ASSIGN A'RIGHT
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ITO PAYMENT TO THE JUDGMENT CREDITOR.
.10 Code 01 Civil Procedure, §708. 5 1 0-, authorizes a court to issue an order directing the
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the judgment-debtor to assign to a judgment creditor all orpart of a right to payment due or to
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12 become due, including wages due frbm the federal government that are not subject to
l3 withholding underanIearInIings withholding order, rents, commissions ,royalties, payments due
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from a patent or copyright, insurance policy loan value, accounts receivable, general .
15 intangibles, judgments and instruments. Although the court may take into consideration all
16 relevant factors; the sole constraints placed on the court are that the right to payment be
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assigned only to the extent necessary to satisfy the creditor’s money judgment and that, where “
'18 part of the payments exempt, the amount of payments assigned should not exceed the
'19 difference between the gross amount of the payments and the exempt amount.
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'ICode ofCivil Procedure §I708. 510, (d), (e) and (f)]
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3. THE RIGHT TO PAYMENT MAY BE ASSIGNED UP TO THE FULL .
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2.2 AMOUNT DUE ON THE JUDGMENT. ,
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23_ As shown 1n the accompanying declaration, the current balance due On the judgment as of
January 17, 2018 is $12, 251 .43 This balance, of course, accrues interest at the rate of 10% per
'2'4 annum. [Code of Civil Procedure § 685.10 (a)] Therefore, the Court may order assignment of the
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right to payment in an amount necessary to pay Off the judgment 1n fuIll, including accrued interest. _
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AN ASSIGNMENT ORDER MAY BE ISSUED BECAUSE THE JUDGMENT »
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27 MAY BEENFORCED I
‘28 Since, the judgment was entered less than 10years ago, and since no order exists staying
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NOTICE OF MOTION AND MOTION FOR ASSIGNMENT ORDER; DECLARATION OF MICHAEL L.
GOLDSMITH, MEMORANDUM OF POINTS AND AUTHORITIES
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enforcement of the judgment, this Court is authorized to issue an assignment order for the judgme mi
Creditor Developers Surety and Indemnity Company.
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Respectfully submitted,
Dated:T“”Wfl l1, 2018
GOLDSMITH & HULL, APC
Arneys for Plaintiff /Judgment Creditor
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NOTICE OF MOTION AND MOTION FOR'ASSIGNMENT ORDER; DECLARATION OF MICHAEL L.
GOLDSMITH; MEMORANDUM OF POINTS AND AUTHORITIES
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" PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the county of Los Angeles, State of
California. I am over the age of 18 and not a-party to the
within action; my business address is 16933 Parthenia Street,
Suite 110 Northridge, California 91343.
On January 18 2018 , I served the foregoing document described
a 5 NOTICE OF MOTION AND MOTION FOR ASSIGNMENT ORDER; DECLARATION
OF MICHAEL L. GOLDSMITH; NIEMORANDUM OF POINTS AND AUTHORITIES on
the interested parties in this action by placing a true copy
thereof enclosed:
Arsen Sarapinian
10 Law office of Arsen Sarapinian
.388 Market St., Suite 1300
11 San Francisco, CA 94111
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File Number: SFO93552
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14 (By Mail)
15 I caused such envelope with postage therein fully
prepaid sent via FedEx Overnight mail at Northridge,
16 California.
17 XXXX I
"readily familiar" with the firm's practice of
am
collection and processing correspondence for mailing under that
18 practice it would be deposited with U.S. postal service on that
same day with postage thereon fully prepaid at Northridge,
19 California in the ordinary course of business.
20 (State) I declare under penalty of perjury under the laws of
the State of California that the above is true and correct.
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Executed on January 18 2018 at Northridge, California.
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25 Blanca Alvarado
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Proof of Service
Preview
Michael L. Gold‘ mith SBN 291700 File No. SF093552 GOLDSMITH»&'HULL, APC 16933 Parthenia St, Suite 110 Northridge, CA 91343 (818) 990—6600 Telephone (818) 990—6140 Fax cusumti FILED? more SAN MATEO COUNTY Attorneys for Plaintiff Egg; JAN 2 32018 lllllllllllllllll||l|l||l|l|l||l| Clerko' Supe 0,. By DEP CLERK SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN MATEO 10 ll STATE FARM GENERAL INSURANCE CASE NO. CLJ508730 12 COMPANY 13 Plaintiff, NOTICE OF MOTION AND MOTION FOR ASSIGNMENT ORDER; 4 14 vs. DECLARATION OF MICHAEL L. LEONID YANOVSKY; DANIEL V. GOLDSMITH; MEMORANDUM OF , 15 YANOVSKY POINTS AND AUTHORITIES . Date: Fehruaryfia , 2018 l6 Time: 9:00am . Defendants. Dept. Law and Motion 17 18 19 20 21 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 22. 23 PLEASE TAKE NOTICE that on Februaryw, 2018, at 9:00am, or as soon thereafter as the 24 matter may be heard, in Department “Law and Motion ” of the above-entitled court, located at 400 25 County Center, Redwood City, CA 94063 , plaintiff will move the court for an. Order instructing Sunset 26 Pacific Transportation, the payor for work employed as an Independent Contractor for defendants Leonid 27 Yanovsky and Daniel Yanovksy, to assign defendants Leonid Yanovsk’s interestand Daniel Yanovsky’ 3 28 interest in any salaries, commissions, bonuses , fees, royalties and all rights to payment thereunder, to 1 NOTICE OF MOTION AND MOTION FOR ASSIGNMENT ORDER; DECLARATION OF MICHAEL L. GOLDSMITH; MEMORANDUM OF POINTS AND AUTHORITIES RECEEVED- JAN232018 CLERKOFTHESUPERiOR coum sAN muse coumv 1“: 13 Ly 4: V \ 1' ' . I ‘.' ,' ,1- “‘. : "k ‘ '1 \ 3-,? e :3“ .' .‘ 1:1. q , 1.: (”hum ,r\ .' ix) plaintiffto the extent necessary to pay the plaintifi" s judgment in fiill, including accrued interest through the V date of the payment. I This motion is made on the grounds that the plaintiff has aj udgrnent against defendant Leonid Yanovsky, the balance due on which, including accrued interest up to the date that the judgment was entered, is $12,25 1 .43 , with interest accruing at $2.56 per day, and that the plaintiff has an assignable ' right to the payments described herein. I This motion will be based on this Notice, the attached Declaration ofMichael L. Goldsmith, the Memorandum of Pointsand Authorities set forth and Request for Judicial Notice and the complete files and records on this action. 10 11 12 13 14 Datedzjq/Mfld Hi 2018 - '~ GOLDSMITH & HULL, APC I 15 .18 16 17 u M By L. Goldsmith ‘ . . ' Attorneys for Plaintiff / Judgment Creditor 19 2O —21 2-2 23 24 25 '26 27 ’28 , - , 2 , . A NOTICE OF MOTION AND MOTION FOR ASSIGNMENT ORDER; DECLARATION OF MICHAEL L. GOLDSMITH; MEMORANDUM OF POINTSAND AUTHORITIES DECLARATION OF MICHAEL L. GOLDSMITH 1, Michael L. Goldsmith, declare and state: 1. - I am an attorney at law duly licensed to practice before all courts ofthe State of Cahforma and am a partner with the laW firm of Goldsmith & Hull, A Professional-CorpOration, attorneys ofrecord for plaintiff _in the above-captioned matter. Based upon my handling of the above-referenced case, the matters stated within this,declaration are of my own personal knowledge, unless stated upon information and belief, and as to those items, I I I V V i believe them to be true and correct. Judgment’was entered herein on December 5, 2014 in the sum of $9,337.59 in favor of 10 plaintiff State Farm General Insurance Company and against. defendants Daniel Yanovsky ' 11 and Leonid Yanovsky. 12 No payments whatsoever have been received from any’of the defendants in this matter. 13 There is now a due and owing the amount of$12,251.43 as of January 17, 2018, plus ’ 14 daily interest accruing at a daily rate of $2.5 6 at the legal rate of interest of l 0%, and post 15 judgment costs incurred: 16 The Judgment is final and enforcement thereof is not stayed, 17 I have conducted-a background check on defendant Daniel Yanovsky and leonid 18 Yanovsky, and found that they both work together as independent contractors for 19 Sunset Pacific Transportation Marked and attached hereto as Exhibit “A”. 20 21 I declare under penalty of perjury under the laws of the State of California that the foregoing is true 22 and correct. 23 ‘ 71 24 Executed this l i day of 346%z, 2018 at Northridge, California. 25 26 27 m. Goldsmith 28 3 NOTICE OF MOTION AND MOTION FOR ASSIGNMENT ORDER; DECLARATION OF MICHAEL L. GOLDSMITH, MEMORANDUM OF POINTS AND AUTHORITIES , MEMORANDUM OF POINTS AND AUTHORITIES 1 1.. STATEMENT OF THE CASE This 15 a lawsuit to collect $8, 750. 00 out of a subrogation premised on property damage. On December 5, the court entered a default judgment against all defendants 1n the amounts of $8 750. 00 in damages, $184.59. prejudgment interest, $403 .00 costs, for a total of $9,337.59. (See: Plaintiff s Request for Judicial Notice). 2. THE COURT MAY ORDER THE JUDGMENT DEBTOR TO ASSIGN A'RIGHT I ' ITO PAYMENT TO THE JUDGMENT CREDITOR. .10 Code 01 Civil Procedure, §708. 5 1 0-, authorizes a court to issue an order directing the '11 ‘y the judgment-debtor to assign to a judgment creditor all orpart of a right to payment due or to - 7 12 become due, including wages due frbm the federal government that are not subject to l3 withholding underanIearInIings withholding order, rents, commissions ,royalties, payments due 14 . from a patent or copyright, insurance policy loan value, accounts receivable, general . 15 intangibles, judgments and instruments. Although the court may take into consideration all 16 relevant factors; the sole constraints placed on the court are that the right to payment be .1'7 1 assigned only to the extent necessary to satisfy the creditor’s money judgment and that, where “ '18 part of the payments exempt, the amount of payments assigned should not exceed the '19 difference between the gross amount of the payments and the exempt amount. 1 - 'ICode ofCivil Procedure §I708. 510, (d), (e) and (f)] ‘21 3. THE RIGHT TO PAYMENT MAY BE ASSIGNED UP TO THE FULL . , -. 2.2 AMOUNT DUE ON THE JUDGMENT. , I , . a 23_ As shown 1n the accompanying declaration, the current balance due On the judgment as of January 17, 2018 is $12, 251 .43 This balance, of course, accrues interest at the rate of 10% per '2'4 annum. [Code of Civil Procedure § 685.10 (a)] Therefore, the Court may order assignment of the ‘ . right to payment in an amount necessary to pay Off the judgment 1n fuIll, including accrued interest. _ 25 " 26 4. . AN ASSIGNMENT ORDER MAY BE ISSUED BECAUSE THE JUDGMENT » V ' l ' i ' " 27 MAY BEENFORCED I ‘28 Since, the judgment was entered less than 10years ago, and since no order exists staying A ‘ 4'." NOTICE OF MOTION AND MOTION FOR ASSIGNMENT ORDER; DECLARATION OF MICHAEL L. GOLDSMITH, MEMORANDUM OF POINTS AND AUTHORITIES 1/" \\ enforcement of the judgment, this Court is authorized to issue an assignment order for the judgme mi Creditor Developers Surety and Indemnity Company. ' - ; Respectfully submitted, Dated:T“”Wfl l1, 2018 GOLDSMITH & HULL, APC Arneys for Plaintiff /Judgment Creditor 10 ll 12, 13 14' 15 16 l7 l8 19 20 21 22 23 24 125 26 27 28'; 1 5 NOTICE OF MOTION AND MOTION FOR'ASSIGNMENT ORDER; DECLARATION OF MICHAEL L. GOLDSMITH; MEMORANDUM OF POINTS AND AUTHORITIES . " PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the county of Los Angeles, State of California. I am over the age of 18 and not a-party to the within action; my business address is 16933 Parthenia Street, Suite 110 Northridge, California 91343. On January 18 2018 , I served the foregoing document described a 5 NOTICE OF MOTION AND MOTION FOR ASSIGNMENT ORDER; DECLARATION OF MICHAEL L. GOLDSMITH; NIEMORANDUM OF POINTS AND AUTHORITIES on the interested parties in this action by placing a true copy thereof enclosed: Arsen Sarapinian 10 Law office of Arsen Sarapinian .388 Market St., Suite 1300 11 San Francisco, CA 94111 12 File Number: SFO93552 13 14 (By Mail) 15 I caused such envelope with postage therein fully prepaid sent via FedEx Overnight mail at Northridge, 16 California. 17 XXXX I "readily familiar" with the firm's practice of am collection and processing correspondence for mailing under that 18 practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Northridge, 19 California in the ordinary course of business. 20 (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 21 Executed on January 18 2018 at Northridge, California. 22 23 24 25 Blanca Alvarado 26 27 28 Proof of Service