Motion for Charging Order
The Motion for Charging Order filed by Plaintiff/Judgment Creditor Scott Nederlander (“Plaintiff”) is DENIED without prejudice.
As a preliminary matter, Plaintiff has failed to present evidence to show that service was duly effectuated on the judgment debtor and each of the entities at issue. The Motion includes a POS listing various entities, but no evidence has been presented to demonstrate that the entities were thus duly served under C.C.P. § 708.320(a).
Nor does the Motion identify the portion of the judgment which remains outstanding. A charging order may be issued only for the unsatisfied amount of the judgment. (See e.g. Corp. Code § 15907.03(a) and § 17705.03(a).) No evidence has been presented here to establish that sum.
The Motion also fails to provide adequate information about the entities at issue. The Motion simply asserts, without any evidentiary support, that the judgment debtor owns interests in the stated percentages in the entities at issue
Hearing Date
December 21, 2018
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Motion for Charging Order
The Motion for Charging Order filed by Plaintiff/Judgment Creditor Scott Nederlander (“Plaintiff”) is DENIED without prejudice.
As a preliminary matter, Plaintiff has failed to present evidence to show that service was duly effectuated on the judgment debtor and each of the entities at issue. The Motion includes a POS listing various entities, but no evidence has been presented to demonstrate that the entities were thus duly served under C.C.P. § 708.320(a).
Nor does the Motion identify the portion of the judgment which remains outstanding. A charging order may be issued only for the unsatisfied amount of the judgment. (See e.g. Corp. Code § 15907.03(a) and § 17705.03(a).) No evidence has been presented here to establish that sum.
The Motion also fails to provide adequate information about the entities at issue. The Motion simply asserts, without any evidentiary support, that the judgment debtor owns interests in the stated percentages in the entities at issue