Preview
ELECTRONICALLY FILED
superior Court of California,
County of Placer
09/14/2020
KATHERINE F. WENGER/ CA SB# 223045 By: Laurel Sanders, Deputy Clerk
CHRISTOPHER J. GONZALEZ/ CA SB# 227804
BROWN, GEE & WENGER LLP
200 Pringle Avenue, Suite 400
Walnut Creek CA 94596
Telephone: (925) 943-5000
Facsimile: (925) 933-2100
kwenger@bgwcounsel.com
cgonzalez(@bgwcounsel.com
ATTORNEYS FOR PLAINTIFFS JAMES W. CARTER
AND ANDREA J. CARTER, TRUSTEES FOR THE
CARTER FAMILY TRUST, DATED OCTOBER 21, 2010
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR COUNTY OF PLACER
11 JAMES W. CARTER and ANDREA J. CASE NO. SCV0042132
CARTER, as Trustees of the Carter Family | Filed 11/14/18
12 Trust, dated October 21, 2010 .
PLAINTIFFS’ MEMORANDUM OF
13 Plaintiffs, POINTS AND AUTHORITIES IN
14 vy, SUPPORT OF MOTION FOR
ASSIGNMENT ORDER
15 GENE JACKSON, an individual,
PHILANTREPRENEUR, INC., a Nevada Date: October 8, 2020
16 Non-Profit Corporation; and Time: 8:30 AM
LEGACY OF FAITH PARTNERS, INC. a Dept.: 42
17 Nevada Non-Profit Corporation, and
DOES 1 THROUGH 50,
18
Defendants.
19
20 I. INTRODUCTION
21 On February 19, 2020, Plaintiffs and Judgment Creditors James W. and Andrea J.Carter,
22 as Trustees of the Carter Family Trust, dated October 21, 2010 (“Judgment Creditors” or
23 “Plaintiffs”) obtained ajudgment against Defendant and Judgment Debtor Legacy of Faith
24 Partners, Inc. (“LOF” )in the amount of $1,318,478.28 and against Defendant and Judgment
25 Debtor Philantrepreneur, Inc. (“PT”) in the amount of $1,740,412.73 (collectively, the
26 “Judgments”’). Despite diligent efforts by Judgment Creditors, as of today’s date the entire
27 balance of the Judgments remains outstanding and unpaid. Neither Legacy of Faith Partners,
28 Inc. nor Philantrepreneur, Inc. (collectively, “Judgment Debtors”) have appealed the judgment,
MPA ISO MOTION FOR ASSIGNMENT OF NOTE
the time to appeal that judgment has expired, and no order exists staying its enforcement.
Pursuant to Code of Civil Procedure section 708.510(a), Judgment Creditors are entitled
WN
to an assignment of all or part of a right to payment due or to become due to a Judgment Debtor
Ww
until the full amounts of the Judgments are satisfied, including but not limited to Judgment
&
Debtors’ rights to payment due from any and allnotes, judgments, and shares executed in favor
WA
of Legacy of Faith Partners Inc. and Philantrepreneur, Inc., as described in the Declaration of
NHR
Katherine Wenger (“Wenger Decl.”) Ex. A—G (collectively, the “Assets”).
~~
Itis undisputed that both Judgment Debtors have various assets from which Plaintiffs
CO
have a right to receive payment. For Legacy of Faith Partners, Inc., these assets include (1) a
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10 deed of trust recorded on Eric and Crystal Savell’s property, resulting from two promissory notes
11 executed by Eric and Crystal Savell in favor of LOF for the total amount of $277,000 (one dated
12 December 31, 2016 and one dated July 1,2017); (2) a promissory note executed by
13 Philantrepreneur, Inc. in favor of LOF (dated February 1, 2018) for $1,000,000, and (3) 550,000
14 shares of BeatStoc, Inc. See Request for Judicial Notice (“RJN”) Ex. A; Wenger Decl. Ex. A-C.
15 For Philantrepreneur, Inc., these assets include (1) a promissory note executed on behalf of
16 Damon Elliott and Cycle of Life, Inc. and in favor of PT for $750,000 (dated February 15, 2016),
17 (2) a promissory note executed on behalf of Damon Elliott and Dionee Warwick Foundation, Inc.
18 in favor of PT for $240,000 (dated February 15, 2016), (3) a promissory note executed on behalf
19 of Damon Elliott and Damon Elliott Music Group, Inc. (DEMG) in favor of PT for $300,000
20 (dated March 15, 2016); (4) a promissory note executed on behalf of Andre Malcom Industries,
21 Inc. and Andre Malcom in favor of PT for $185,000; (5) a promissory note executed on behalf of
22 Artist Network Live, Inc. in favor of PT for $48,000; (6) a promissory note executed on behalf of
23 B Lifted, Inc. and Nikki Bustamante in favor of PT for $55,000; (7) a promissory note executed
24 on behalf of BTH, LLC — Bone Thugs Int.in favor of PT for $78,000; (8) apromissory note
25 executed on behalf of Recording Artist Guild, Inc. and Byron Booker in favor of PT for $82,000;
26 (9) a promissory note executed on behalf of Honestly Good Health, Inc. and Christian Boeving
27 in favor of PT for $158,000; (10) a promissory note executed on behalf of FG Fitness and Media
28 Group, Inc. in favor of PT for $235,000; (11) a promissory note executed on behalf of LHGFX
MPA ISO MOTION FOR ASSIGNMENT OF NOTE
Photography in favor of PT for $110,00; (12) a promissory note executed on behalf of Rhonda
Rousey Productions, LLC in favor of PT for $250,000; (13) a Colorado fraud judgment against
bo
Jonathan Rose in favor of PT for $126,000; and (14) 1,500,000 shares of BeatStoc, Inc. See
WwW
Wenger Decl. Ex. D-G.
BR
Therefore, through this motion, Judgment Creditors request that the Court assign to
A
Judgment Creditors Judgment Debtors’ interest in, and all rights to payment thereunder, due
DBD
from the Assets until the Judgments have been satisfied in full, including accrued interest
JN
through the date of payment.
S&S
Judgment Creditors also seek an order restraining the Judgment Debtors and any servant,
Co
10 agent, employee or attorney for the Judgment Debtors and any person(s) in active concert and
11 participating with the Judgment Debtors from encumbering, assigning, disposing or spending
12 Judgment Debtors’ Assets, and all rights to payment thereunder.
13 IL. LEGAL ANALYSIS
14 A. Pursuant to CCP §708.510, the Court Should Order Judgment Debtors to
Assign Any and All of Their Assignable Assets to Judgment Creditors.
15
Code of Civil Procedure Section 708.510(a) provides that “upon application of the
16
judgment creditor on noticed motion, the court may order the judgment debtor to assign to the
17
judgment creditor... allor part of a right to payment due or to become due, whether or not the
18
right is conditioned on future developments.” This includes assignable forms of property that are
19
subject to levy, such as accounts receivable, general intangibles, judgments, and instruments.
20
See Comment to Code of Civil Procedure § 708.510; Casiopea Bovet, LLC v. Chiang, 12 Cal.
21
App. 5th 656, 661, (2017). A deed of trust (and the note it secures) are assignable. See Yvanova
22
v. New Century Mortg. Corp., 62 Cal. 4th 919, 927 (2016) (“A promissory note isa negotiable
23
instrument the lender may sell without notice to the borrower .. . The deed of trust, moreover, is
24
inseparable from the note it secures, and follows iteven without a separate assignment... A
25
deed of trust may .. . be assigned one or multiple times over the life of the loan it secures.”). A
26
court may assign a judgment debtor’s right to receive distributions or dividends from shares
27
under Code of Civil Procedure § 708.510. See Linley Investments v. Jamgotchian, No.
28
MPA ISO MOTION FOR ASSIGNMENT OF NOTE
211CV00724JAKAFMX, 2019 WL 1429507, at *5 (C.D. Cal. Feb. 25, 2019), report and
recommendation adopted, No. 211CV00724JAKAFMX, 2019 WL 1772432 (C.D. Cal. Apr. 22,
HB
2019).
DH
In determining whether to order an assignment and the amount of an assignment pursuant
HR
to subdivision (a),the Court may take into consideration all relevant factors, including the
OT
following: (1) The reasonable requirements of a judgment debtor who is a natural person and of
OO
persons supported in whole or in part by the judgment debtor; (2) Payments the judgment debtor
JN
is required to make or that are deducted in satisfaction of other judgments and wage assignments,
Oo
including earnings assignment orders for support; (3) The amount remaining due on the money
Co
judgment; and/or (4) The amount being or to be received in satisfaction of the right to payment
ZS
that may be assigned. Code of Civil Procedure § 708.510(c). Although the Court may take into
consideration all relevant factors, the sole constraints placed on the Court are that the right to
BH
payment be assigned only to the extent necessary to satisfy the creditor’s money judgment and
that, where part of the payments are exempt, the amount of the payments assigned should not
HAAR
exceed the difference between the gross amount of the payments and the exempt amount. See id.
§ 708.510(c), (d), (e) and (f).
The following reasons each justify and support the Court entering an order assigning all
Assets to Judgment Creditors:
Owe
1, Judgment Debtors are entitled to the proceeds from any and all Assets until the
eB
SF
full amounts of the Judgments are satisfied. See RJN Ex. A (deed of trust reflecting notes
YP
FSF
executed by Eric and Crystal Savell in favor of Legacy of Faith Partners, Inc.); Wenger Decl. |
BP
8-9, Exs. A-G.
NH
BY
2. The judgment against Legacy of Faith Partners, Inc. totals $1,318,478.28 plus
YH
YY
interest accruing at arate of 10% per annum beginning February 19, 2020. See Wenger Decl. 4
WRNY
2-4. The judgment against Philantrepreneur, Inc. totals $1,740,412.73 plus interest accruing ata
NY
rate of 10% per annum beginning February 19, 2020. See id.
A
NH
3. Judgment Creditors have not received any funds in satisfaction of that judgment.
32
NY
Id.4[5.
eo
Ny
MPA ISO MOTION FOR ASSIGNMENT OF NOTE
4. Judgment Debtors are nonprofit corporations, not “natural persons.” See Code of
Civil Procedure § 17 (distinguishing corporations from “natural” people). Judgment Creditors
are not aware of any support obligations that Judgment Debtors have or any payments that
Judgment Debtors are required to make in satisfaction of other judgments and wage assignments.
Id. J 6.
B. The Right to Payment May Be Assigned Up to the Full Amount Due Under
the Judgments Including Interest.
On February 19, 2020, judgment was entered against Legacy of Faith Partners, Inc. in the
amount of $1,318,478.28 entered against Philantrepreneur, Inc. in the amount of $1,740,412.73.
Wenger Decl. 92. In addition, Plaintiffs filed a memorandum of costs as to both Legacy of Faith
10
and Philantrepreneur, and because the time expired for Judgment Debtors to challenge these
1
memo of costs, the amounts set forth therein have been added to the judgment. See id. J3. The
12
balance of the judgment against each Judgment Debtor, of course, accrues interest at the rate of
13
10% per annum beginning on February 19, 2020. Code of Civil Procedure § 685.010(a); see
14
also Wenger Decl. § 4. Therefore, the Court may order assignment of the right to payment in an
15
amount necessary to pay off the judgment in full,including accrued interest.
16
Cc. An Assignment Order May be Issued Because the Judgment Is Enforceable.
17
The judgment was entered on February 19, 2020 — less than ten years ago. Wenger Decl.
18
2. Furthermore, no order exists staying enforcement of the judgment. /d. 97. Therefore, the
19
Court isauthorized to issue an order requiring Judgment Debtors to assign to Judgment Creditors
20
any and all Assets owed to Judgment Debtors until the Judgments, including interest, are
21
satisfied in full.
22
D. The Court Should Also Restrain Judgment Debtors from Assigning Any
23 Payment Rights to Third Parties.
24 Judgment Creditors also request that the Court enter an order restraining the Judgment
25 Debtors and any servant, agent, employee or attorney for the Judgment Debtors and any
26 person(s) in active concert and participating with the Judgment Debtors from encumbering,
27 assigning, disposing or spending Judgment Debtors’ Assets, and allrights to payment
28 thereunder, so that those Assets are available to be applied to the judgment. See Code Civ. Proc.
5
MPA ISO MOTION FOR ASSIGNMENT OF NOTE
eB
§ 708.520 (“When an application is made pursuant to Section 708.510 or thereafter, the
judgment creditor may apply to the court for an order restraining the judgment debtor from
HB
assigning or otherwise disposing of the right to payment that is sought to be assigned.”).
WO
BR
il. CONCLUSION
For all the foregoing reasons, Judgment Creditors respectfully request that the Court enter
NH
an order assigning aright to payment from any and allAssets accrued in favor of Judgment
DO
Debtors to Judgment Creditors, until the Judgments, including interest and any further post-
SN
judgment orders, are fully satisfied.
6
Furthermore, Judgment Creditors respectfully request that the Court enter an order
So
restraining Judgment Debtors from encumbering, assigning, disposing, spending, or otherwise
TS
transferring any and allAssets owed to it so that those Assets are available to be applied to the
judgment.
BH
DATED: September 14, 2020 BROWN, GEE & WENGER LLP
DAaRE
KATHERINE F. WENGER
Attorneys for Plaintiffs James W. Carter and Andrea J.
Carter, as Trustees of the Carter Family Trust dated
October 21, 2010
CH
KH
SF
HP
FF
YH
ONSNY
HB
KR
NY NH
IAA
NY
C2
Ye NY
MPA ISO MOTION FOR ASSIGNMENT OF NOTE
Preview
ELECTRONICALLY FILED superior Court of California, County of Placer 09/14/2020 KATHERINE F. WENGER/ CA SB# 223045 By: Laurel Sanders, Deputy Clerk CHRISTOPHER J. GONZALEZ/ CA SB# 227804 BROWN, GEE & WENGER LLP 200 Pringle Avenue, Suite 400 Walnut Creek CA 94596 Telephone: (925) 943-5000 Facsimile: (925) 933-2100 kwenger@bgwcounsel.com cgonzalez(@bgwcounsel.com ATTORNEYS FOR PLAINTIFFS JAMES W. CARTER AND ANDREA J. CARTER, TRUSTEES FOR THE CARTER FAMILY TRUST, DATED OCTOBER 21, 2010 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR COUNTY OF PLACER 11 JAMES W. CARTER and ANDREA J. CASE NO. SCV0042132 CARTER, as Trustees of the Carter Family | Filed 11/14/18 12 Trust, dated October 21, 2010 . PLAINTIFFS’ MEMORANDUM OF 13 Plaintiffs, POINTS AND AUTHORITIES IN 14 vy, SUPPORT OF MOTION FOR ASSIGNMENT ORDER 15 GENE JACKSON, an individual, PHILANTREPRENEUR, INC., a Nevada Date: October 8, 2020 16 Non-Profit Corporation; and Time: 8:30 AM LEGACY OF FAITH PARTNERS, INC. a Dept.: 42 17 Nevada Non-Profit Corporation, and DOES 1 THROUGH 50, 18 Defendants. 19 20 I. INTRODUCTION 21 On February 19, 2020, Plaintiffs and Judgment Creditors James W. and Andrea J.Carter, 22 as Trustees of the Carter Family Trust, dated October 21, 2010 (“Judgment Creditors” or 23 “Plaintiffs”) obtained ajudgment against Defendant and Judgment Debtor Legacy of Faith 24 Partners, Inc. (“LOF” )in the amount of $1,318,478.28 and against Defendant and Judgment 25 Debtor Philantrepreneur, Inc. (“PT”) in the amount of $1,740,412.73 (collectively, the 26 “Judgments”’). Despite diligent efforts by Judgment Creditors, as of today’s date the entire 27 balance of the Judgments remains outstanding and unpaid. Neither Legacy of Faith Partners, 28 Inc. nor Philantrepreneur, Inc. (collectively, “Judgment Debtors”) have appealed the judgment, MPA ISO MOTION FOR ASSIGNMENT OF NOTE the time to appeal that judgment has expired, and no order exists staying its enforcement. Pursuant to Code of Civil Procedure section 708.510(a), Judgment Creditors are entitled WN to an assignment of all or part of a right to payment due or to become due to a Judgment Debtor Ww until the full amounts of the Judgments are satisfied, including but not limited to Judgment & Debtors’ rights to payment due from any and allnotes, judgments, and shares executed in favor WA of Legacy of Faith Partners Inc. and Philantrepreneur, Inc., as described in the Declaration of NHR Katherine Wenger (“Wenger Decl.”) Ex. A—G (collectively, the “Assets”). ~~ Itis undisputed that both Judgment Debtors have various assets from which Plaintiffs CO have a right to receive payment. For Legacy of Faith Partners, Inc., these assets include (1) a oO 10 deed of trust recorded on Eric and Crystal Savell’s property, resulting from two promissory notes 11 executed by Eric and Crystal Savell in favor of LOF for the total amount of $277,000 (one dated 12 December 31, 2016 and one dated July 1,2017); (2) a promissory note executed by 13 Philantrepreneur, Inc. in favor of LOF (dated February 1, 2018) for $1,000,000, and (3) 550,000 14 shares of BeatStoc, Inc. See Request for Judicial Notice (“RJN”) Ex. A; Wenger Decl. Ex. A-C. 15 For Philantrepreneur, Inc., these assets include (1) a promissory note executed on behalf of 16 Damon Elliott and Cycle of Life, Inc. and in favor of PT for $750,000 (dated February 15, 2016), 17 (2) a promissory note executed on behalf of Damon Elliott and Dionee Warwick Foundation, Inc. 18 in favor of PT for $240,000 (dated February 15, 2016), (3) a promissory note executed on behalf 19 of Damon Elliott and Damon Elliott Music Group, Inc. (DEMG) in favor of PT for $300,000 20 (dated March 15, 2016); (4) a promissory note executed on behalf of Andre Malcom Industries, 21 Inc. and Andre Malcom in favor of PT for $185,000; (5) a promissory note executed on behalf of 22 Artist Network Live, Inc. in favor of PT for $48,000; (6) a promissory note executed on behalf of 23 B Lifted, Inc. and Nikki Bustamante in favor of PT for $55,000; (7) a promissory note executed 24 on behalf of BTH, LLC — Bone Thugs Int.in favor of PT for $78,000; (8) apromissory note 25 executed on behalf of Recording Artist Guild, Inc. and Byron Booker in favor of PT for $82,000; 26 (9) a promissory note executed on behalf of Honestly Good Health, Inc. and Christian Boeving 27 in favor of PT for $158,000; (10) a promissory note executed on behalf of FG Fitness and Media 28 Group, Inc. in favor of PT for $235,000; (11) a promissory note executed on behalf of LHGFX MPA ISO MOTION FOR ASSIGNMENT OF NOTE Photography in favor of PT for $110,00; (12) a promissory note executed on behalf of Rhonda Rousey Productions, LLC in favor of PT for $250,000; (13) a Colorado fraud judgment against bo Jonathan Rose in favor of PT for $126,000; and (14) 1,500,000 shares of BeatStoc, Inc. See WwW Wenger Decl. Ex. D-G. BR Therefore, through this motion, Judgment Creditors request that the Court assign to A Judgment Creditors Judgment Debtors’ interest in, and all rights to payment thereunder, due DBD from the Assets until the Judgments have been satisfied in full, including accrued interest JN through the date of payment. S&S Judgment Creditors also seek an order restraining the Judgment Debtors and any servant, Co 10 agent, employee or attorney for the Judgment Debtors and any person(s) in active concert and 11 participating with the Judgment Debtors from encumbering, assigning, disposing or spending 12 Judgment Debtors’ Assets, and all rights to payment thereunder. 13 IL. LEGAL ANALYSIS 14 A. Pursuant to CCP §708.510, the Court Should Order Judgment Debtors to Assign Any and All of Their Assignable Assets to Judgment Creditors. 15 Code of Civil Procedure Section 708.510(a) provides that “upon application of the 16 judgment creditor on noticed motion, the court may order the judgment debtor to assign to the 17 judgment creditor... allor part of a right to payment due or to become due, whether or not the 18 right is conditioned on future developments.” This includes assignable forms of property that are 19 subject to levy, such as accounts receivable, general intangibles, judgments, and instruments. 20 See Comment to Code of Civil Procedure § 708.510; Casiopea Bovet, LLC v. Chiang, 12 Cal. 21 App. 5th 656, 661, (2017). A deed of trust (and the note it secures) are assignable. See Yvanova 22 v. New Century Mortg. Corp., 62 Cal. 4th 919, 927 (2016) (“A promissory note isa negotiable 23 instrument the lender may sell without notice to the borrower .. . The deed of trust, moreover, is 24 inseparable from the note it secures, and follows iteven without a separate assignment... A 25 deed of trust may .. . be assigned one or multiple times over the life of the loan it secures.”). A 26 court may assign a judgment debtor’s right to receive distributions or dividends from shares 27 under Code of Civil Procedure § 708.510. See Linley Investments v. Jamgotchian, No. 28 MPA ISO MOTION FOR ASSIGNMENT OF NOTE 211CV00724JAKAFMX, 2019 WL 1429507, at *5 (C.D. Cal. Feb. 25, 2019), report and recommendation adopted, No. 211CV00724JAKAFMX, 2019 WL 1772432 (C.D. Cal. Apr. 22, HB 2019). DH In determining whether to order an assignment and the amount of an assignment pursuant HR to subdivision (a),the Court may take into consideration all relevant factors, including the OT following: (1) The reasonable requirements of a judgment debtor who is a natural person and of OO persons supported in whole or in part by the judgment debtor; (2) Payments the judgment debtor JN is required to make or that are deducted in satisfaction of other judgments and wage assignments, Oo including earnings assignment orders for support; (3) The amount remaining due on the money Co judgment; and/or (4) The amount being or to be received in satisfaction of the right to payment ZS that may be assigned. Code of Civil Procedure § 708.510(c). Although the Court may take into consideration all relevant factors, the sole constraints placed on the Court are that the right to BH payment be assigned only to the extent necessary to satisfy the creditor’s money judgment and that, where part of the payments are exempt, the amount of the payments assigned should not HAAR exceed the difference between the gross amount of the payments and the exempt amount. See id. § 708.510(c), (d), (e) and (f). The following reasons each justify and support the Court entering an order assigning all Assets to Judgment Creditors: Owe 1, Judgment Debtors are entitled to the proceeds from any and all Assets until the eB SF full amounts of the Judgments are satisfied. See RJN Ex. A (deed of trust reflecting notes YP FSF executed by Eric and Crystal Savell in favor of Legacy of Faith Partners, Inc.); Wenger Decl. | BP 8-9, Exs. A-G. NH BY 2. The judgment against Legacy of Faith Partners, Inc. totals $1,318,478.28 plus YH YY interest accruing at arate of 10% per annum beginning February 19, 2020. See Wenger Decl. 4 WRNY 2-4. The judgment against Philantrepreneur, Inc. totals $1,740,412.73 plus interest accruing ata NY rate of 10% per annum beginning February 19, 2020. See id. A NH 3. Judgment Creditors have not received any funds in satisfaction of that judgment. 32 NY Id.4[5. eo Ny MPA ISO MOTION FOR ASSIGNMENT OF NOTE 4. Judgment Debtors are nonprofit corporations, not “natural persons.” See Code of Civil Procedure § 17 (distinguishing corporations from “natural” people). Judgment Creditors are not aware of any support obligations that Judgment Debtors have or any payments that Judgment Debtors are required to make in satisfaction of other judgments and wage assignments. Id. J 6. B. The Right to Payment May Be Assigned Up to the Full Amount Due Under the Judgments Including Interest. On February 19, 2020, judgment was entered against Legacy of Faith Partners, Inc. in the amount of $1,318,478.28 entered against Philantrepreneur, Inc. in the amount of $1,740,412.73. Wenger Decl. 92. In addition, Plaintiffs filed a memorandum of costs as to both Legacy of Faith 10 and Philantrepreneur, and because the time expired for Judgment Debtors to challenge these 1 memo of costs, the amounts set forth therein have been added to the judgment. See id. J3. The 12 balance of the judgment against each Judgment Debtor, of course, accrues interest at the rate of 13 10% per annum beginning on February 19, 2020. Code of Civil Procedure § 685.010(a); see 14 also Wenger Decl. § 4. Therefore, the Court may order assignment of the right to payment in an 15 amount necessary to pay off the judgment in full,including accrued interest. 16 Cc. An Assignment Order May be Issued Because the Judgment Is Enforceable. 17 The judgment was entered on February 19, 2020 — less than ten years ago. Wenger Decl. 18 2. Furthermore, no order exists staying enforcement of the judgment. /d. 97. Therefore, the 19 Court isauthorized to issue an order requiring Judgment Debtors to assign to Judgment Creditors 20 any and all Assets owed to Judgment Debtors until the Judgments, including interest, are 21 satisfied in full. 22 D. The Court Should Also Restrain Judgment Debtors from Assigning Any 23 Payment Rights to Third Parties. 24 Judgment Creditors also request that the Court enter an order restraining the Judgment 25 Debtors and any servant, agent, employee or attorney for the Judgment Debtors and any 26 person(s) in active concert and participating with the Judgment Debtors from encumbering, 27 assigning, disposing or spending Judgment Debtors’ Assets, and allrights to payment 28 thereunder, so that those Assets are available to be applied to the judgment. See Code Civ. Proc. 5 MPA ISO MOTION FOR ASSIGNMENT OF NOTE eB § 708.520 (“When an application is made pursuant to Section 708.510 or thereafter, the judgment creditor may apply to the court for an order restraining the judgment debtor from HB assigning or otherwise disposing of the right to payment that is sought to be assigned.”). WO BR il. CONCLUSION For all the foregoing reasons, Judgment Creditors respectfully request that the Court enter NH an order assigning aright to payment from any and allAssets accrued in favor of Judgment DO Debtors to Judgment Creditors, until the Judgments, including interest and any further post- SN judgment orders, are fully satisfied. 6 Furthermore, Judgment Creditors respectfully request that the Court enter an order So restraining Judgment Debtors from encumbering, assigning, disposing, spending, or otherwise TS transferring any and allAssets owed to it so that those Assets are available to be applied to the judgment. BH DATED: September 14, 2020 BROWN, GEE & WENGER LLP DAaRE KATHERINE F. WENGER Attorneys for Plaintiffs James W. Carter and Andrea J. Carter, as Trustees of the Carter Family Trust dated October 21, 2010 CH KH SF HP FF YH ONSNY HB KR NY NH IAA NY C2 Ye NY MPA ISO MOTION FOR ASSIGNMENT OF NOTE