Nature of Proceedings: Motion for Charging Order

On March 17, 2006, plaintiff creditor Baseline Financial Services obtained a default judgment against defendants debtors Michael Russell and Carolyn Russell (aka C. Jackson Fariss, aka C. Braun) for $12,396.82. A notice of renewal of the judgment was filed on January 25, 2016. According to judgment creditor, it has been unable to satisfy any part of the judgment, which now stands at $26,324.84, with accrued interest.

Plaintiff creditor has filed a motion for a charging order pursuant to Code of Civil Procedure section 708.310. It claims that judgment debtor Michael Russell has a partnership interest in Stirrup Catering LP, and a membership interest in Sterling Catering, LLC, which are located at 868 Gwyne Ave., Santa Barbara. Neither entity is a named defendant in the judgment. No opposition has been filed.

Code of Civil Procedure section 708.310, et al., establishes a method by which a creditor of a partner or a member of a limited