376483 – EVANS, THOMAS A vs CAMBRA, MICHAEL – Plaintiff Thomas A. Evans’ Motion to Add Cambra Trucking, LLC as a Judgment Debtor, Motion for a Charging Order and/or, Motion to Appoint Receiver – GRANTED in part, DENIED in part, request for judicial notice GRANTED.
While the court agrees that some assistance is appropriate to help plaintiff collect on the 2009 judgment, the court DENIES the request to add Cambra Trucking, LLC as a judgment debtor. The rule on which plaintiff relies “require[s] a creditor wishing to invoke the doctrine to demonstrate the absence of a plain, speedy, and adequate remedy at law would protect against reverse piercing being used to bypass legal remedies.” (Curci Investments, LLC v. Baldwin (2017) 14 Cal.App.5th 214, 223 (Curci).) Here, plaintiff still has an unsatisfied writ of execution and has not pursued remedies such as a charging order or wage assignment order. (Cf. Curci, 14 Cal.App.5th at p. 219 [judgment creditors received nothing from charging order]
Hearing Date
July 28, 2021
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376483 – EVANS, THOMAS A vs CAMBRA, MICHAEL – Plaintiff Thomas A. Evans’ Motion to Add Cambra Trucking, LLC as a Judgment Debtor, Motion for a Charging Order and/or, Motion to Appoint Receiver – GRANTED in part, DENIED in part, request for judicial notice GRANTED.
While the court agrees that some assistance is appropriate to help plaintiff collect on the 2009 judgment, the court DENIES the request to add Cambra Trucking, LLC as a judgment debtor. The rule on which plaintiff relies “require[s] a creditor wishing to invoke the doctrine to demonstrate the absence of a plain, speedy, and adequate remedy at law would protect against reverse piercing being used to bypass legal remedies.” (Curci Investments, LLC v. Baldwin (2017) 14 Cal.App.5th 214, 223 (Curci).) Here, plaintiff still has an unsatisfied writ of execution and has not pursued remedies such as a charging order or wage assignment order. (Cf. Curci, 14 Cal.App.5th at p. 219 [judgment creditors received nothing from charging order]