Rbs Citizens, N.A. vs. Deborah Ruben

Motion - Other

Cal. Super. - 4th Dist.November 7, 2014

20 21 22 23 24 25 26 27 28 Lawrence J. Dreyfuss, Bar No. 76277 Bruce Dannemeyer, Bar No. 107243 THE DREYFUSS FIRM A Professional Law Corporation 2 Venture, Suite 450 Irvine, CA 92618 Telephone (949) 727-0977; Facsimile (949) 450-0668 Attorneys for PlaintiffRBS Citizens, N.A. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE Case No.: 30-2014-00755233-CL-CL-CJC Limited Jurisdiction (More than $10,000 at issue) RBS CITIZENS, N.A., Plaintiff, NOTICE OF MOTION AND MOTION FOR AN ASSIGNMENT ORDER; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF BRUCE DANNEMEYER VS. DEBORAH RUBEN and Does 1 through 20, inclusive, Defendants. Date: January 25, 2018 Time: 1:30 p.m. Dept: C66 N r N r N r N w N w N w a a a a a ’ RESERVATION NO: 72724217 TO DEFENDANT/JUDGMENT DEBTOR DEBORAH RUBEN: NOTICE IS HEREBY GIVENthat on January 25, 2018 at 1:30 p.m., or as soon thereafter as the matter may be heard in Department C66 of the Orange County Superior Court located at 700 Civic Center Drive West, Santa Ana, California 90701, plaintiff/judgment creditor RBS Citizens, N.A. (“Judgment Creditor”) will move the court for an order assigning to Judgment Creditorthe right ofjudgment debtor Deborah Ruben (“Ruben”) to receive payments for commissions earned from real estate transactions. The assignment order sought will remain in effect until the judgment entered in this action is satisfied in full, including accrued interest through the date of payment. MOTION FOR ASSIGNMENT ORDER 1 19 20 21 22 23 24 25 26 27 28 The Judgment Creditor will also move the court for an order restraining Ruben and any agent, employee, or attorney for her and any person or persons in active concert and participating with her from encumbering, assigning, or disposing of herright to payment for real estate commissions. This motion is made pursuant to Code of Civil Procedure sections 708.510 and 708.520 on the groundsthe Judgment Creditor has a judgment against Ruben for $1 3,734.39, and that Ruben has an assignable right to payments for real estate commissions and that there is a need to restrain the judgment debtor from interfering with that right. This motion will be based on this notice, the attached declaration of Bruce Dannemeyer, the memorandum ofpoints and authorities set forth below, and the complete files and records of this action. DATED: December 22, 2017 THE DREYFUSS FIRM A Professional Law Corporation By:272Nl CrpZZ ruce Dannemeyer — Attorneys for Plaintiff RBS Citizens, N.A. MOTION FOR ASSIGNMENT ORDER 2 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. THE COURT MAY ORDER THE JUDGMENT DEBTOR TO ASSIGN A RIGHT TO PAYMENT TO THE JUDGMENT CREDITOR. CodeofCivil Procedure section 708.510 authorizes a court to issue an order directing the judgment debtorto assign to a judgmentcreditor (orto a receiver)all or part of a right to payment dueor to become due, including wages and commissions. Although the court may take into consideration all relevant factors, the sole constraints placed on the court are that the right to 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 exceed the difference between the gross amount ofthe payments and the exempt amount. (Code Civ. Proc., § 708.510, subd. (c), (d), (€) and (f).) II. THE RIGHT TO PAYMENT MAY BE ASSIGNED UP TO THE FULL AMOUNT DUE ON THE JUDGMENT. As shownin the accompanying declaration, the balance due on the judgment, as of January 25, 2018, is $16,966.61. (Declaration of Bruce Dannemeyer (“Dannemeyer Dec.”), § 2.) This judgment accrues interest at the legal rate of 10% per annum (Code Civ. Proc., § 685.010, subd. (a)), which calculates to $3.76 per day. (Dannemeyer Dec. 92.) The assignment order should be in effect until the judgmentis paid in full, including accrued interest. III. AN ASSIGNMENT ORDER MAY BE ISSUED BECAUSE THE JUDGMENT MAY BE ENFORCED. Since the judgment was entered and/or renewed less than 10 years ago, and since no order exists staying enforcement ofthe judgment (Dannemeyer Dec., 9 3), this Court is authorized to issue an assignment order for Judgment Creditor. A proposed order has been submitted with this motion. Ruben is a real estate salesperson,affiliated with Realty One Groupin Huntington Beach. (Dannemeyer Dec., 4.) She received herreal estate license in July 2017. (Dannemeyer Dec., § 4.) Before that, she worked for Genesis Healthcare. (Dannemeyer Dec., §4.) A wage garnishment order was served on her employer in 2016. (Dannemeyer Dec., 94.) Inresponse to MOTION FOR ASSIGNMENT ORDER 3 18 19 20 21 22 23 24 25 26 27 28 her exemption claim, which the court granted in part in November 2016, $100 per month was ordered withheld. (Dannemeyer Dec., 4.) As a real estate agent, Ruben is paid by commission, when a transaction closes escrow. (Dannemeyer Dec., § 5.) Typically, escrow pays the commission to an agent’s broker, who then pays the agent her share. (Dannemeyer Dec., § 5.) A wage garnishment likely will not reach commissions, because the agent typically is not an employee. (Dannemeyer Dec., 15.) An assignment orderis the only way to reach commissions. (Dannemeyer Dec., § 5.) Commissions are specifically mentioned in Code of Civil Procedure section 708.510 as one ofthe types of payments subject to an assignment order. IV. THE COURT SHOULD RESTRAIN THE JUDGMENT DEBTOR. Code of Civil Procedure section 708.520 authorizes the court to restrain the judgment debtor from assigning or otherwise disposing ofthe right to payment soughtto be assigned. The only criteria for issuance ofsuch a restraining orderis “upon a showing of need for the order.” (Code Civ.Proc., § 708.520, subd. (b).) The relationship between a real estate agent and her brokeris unlike an employer/employee relationship. (Dannemeyer Dec., 6.) Commissions are paid only when transactionsclose escrow. (Dannemeyer Dec., § 6.) Commissions quickly pass through the broker’s office to the agent. (Dannemeyer Dec., § 6.) It is easy for a broker to have escrow pay the agent directly. (Dannemeyer Dec., 6.) Manipulation of the manner and timing of a commission paymentis easy. (Dannemeyer Dec., § 6.) Without a restraining order, Ruben or her brokereasily could arrange for her commissions to be paid in a way that would shield them from levy or other enforcement ofthe judgment. (Dannemeyer Dec., 6.) Consequently, Ruben and all those acting in concert with her should be restrained from encumbering, assigning, MOTION FOR ASSIGNMENT ORDER 4 20 21 22 23 24 25 26 27 28 or disposing herright to payment,so that it will be available to be applied to the judgment. (Dannemeyer Dec., § 6.) DATED: December 22, 2017 9041-1266 THE DREYFUSS FIRM A Professional Law Corporation w 22,DN Bruce Dannemeyer Attorneys for Plaintiff RBS Citizens, N.A. MOTION FOR ASSIGNMENT ORDER 5 19 20 21 22 23 24 25 26 27 28 DECLARATION OF BRUCE DANNEMEYER IN SUPPORT OF MOTION FOR AN ASSIGNMENT ORDER I, Bruce Dannemeyer, declare: 1. Tam an attorney at law duly licensed to practice before all California courts and am with The Dreyfuss Firm, plc, attorneysfor plaintiff/judgment creditor RBS Citizens, N.A. 2. Judgment was entered in this action on June 3, 2015 in the sum of $13,734.39 in favor of RBS Citizens, N.A. To date, pursuant to a wage garnishment on Ruben’s former employer, Judgment Creditor has received $406.45. The amounts received have been applied to interest, and even then, they do not cover accruing interest. As a result, the principal amount of the judgment has not been reduced by the wage garnishment. A calculation ofthe current balance ofthe judgment, with unpaid interest,is attached hereto as exhibit A. The current balance due is $16,966.61. 3. The judgmentis final and enforcement thereofis not stayed. 4. Ruben is a real estate salesperson,affiliated with Realty One Group in Huntington Beach. Attached hereto as exhibit B is a printout ofher Linkedin page. That information is confirmed on the Bureau of Real Estate’s website. A printout from the BRE website for Ruben is attached hereto as exhibit C. The address shown on that website is the address at which this motion was served on Ruben. According to the BRE, Ruben received her real estate license in July 2017. According to her Linkedin page, before that, she worked for Genesis Healthcare. A wage garnishment order was served on her employer in 2016. In response to her exemption claim, which the court granted in part in November 2016, $100 per month was ordered withheld. 5. I'am familiar with how the real estate salespersons are compensated based on my many years of representing real estate brokers and agents. As a real estate agent, Ruben is paid by commission, when a transaction closes escrow. Typically, escrow pays the commission to an agent’s broker, who then pays the agent her share. A wage garnishment likely will not reach commissions, because the agent typically is not an employee. An assignmentorderis the only way to reach commissions. Commissions are specifically mentioned in Code of Civil Procedure section 708.510 as one ofthe types of payments subject to an assignment order. MOTION FOR ASSIGNMENT ORDER 6 19 20 21 22 23 24 25 26 27 28 6. The relationship between a real estate agent and her brokeris unlike an employer/employee relationship. Commissions are paid only when transactions close escrow. Commissions quickly pass through the broker’soffice to the agent. It is easy for a brokerto have escrow pay the agent directly. Manipulation of the manner and timing of a commission paymentis easy. Without a restraining order, Ruben or her broker easily could arrange for her commissions to be paid in a way that would shield them from levy or other enforcement of the judgment. Consequently, Ruben and all those acting in concert with her should be restrained from encumbering, assigning, or disposing her right to payment, so that it will be available to be applied to the judgment. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 22" day of December, 2017, at Irvine, California. ve pf £GEDrag BRUCE DANNEMEYERZ ~ MOTION FOR ASSIGNMENT ORDER 7 EXHIBIT “A” RBS CITIZENS, N.A. v. RUBEN JUDGMENT CALCULATION ORIGINAL JUDGMENT AMOUNT S 13,734.39 ANNUAL INTEREST (Judgment x 10%) S 1,373.44 DAILY INTEREST (Annual interest + 365) S 3.76 DATE JUDGMENT ENTERED 6/3/2015 DATE THROUGH WHICH INTEREST RUNS 1/25/2018 NUMBER OF DAYS 967 INTEREST DUE S 3,638.67 SUBTOTAL S$ 17,373.06 LESS GARNISHMENT AMOUNT RECEIVED S 406.45 CURRENT BALANCE OF JUDGMENT S 16,966.61 EXHIBIT “B” (14) Deborah ("Debi") Ruben | LinkedIn Accept payments on-the-go - Accept card & contactless payments with PayPal Here. Reader req'd. Deborah ("Debi") Ruben 3rd Realtor at RealtyONEGroup RealtyONEGroup « DePaul University Huntington Beach, California « 320 88 Provide exceptional customerservice to buyers and sell Fountain Vailey and the surre nding Orange County, CA area. Get the LinkedIn app and see more profileslike Deborah ("Debi")’s anytime, anywhere bruce@dreyfusslaw.com me Oo Deborah ("Debi") Ruben Or send me an SMS instead Experience Realtor RealtyONEGroup Jul 2017 - Present « 6 mos Huntington Beach, CA Assisting Buyers, Sellers, Investors in Orange County, CA with Real Estate needs. www.DeborahRuben.com debrubenrealtor@gmail.com 949-945-4208 Care Transitions Nurse . Genesis HealthCare HeaithCare Sep 2015-Feb 2017 + 1yr 6 mos Southern CA Genesis Review electronic charts for clinical capabilities for facilitating patient flow from acute care providers into Genesis HealthCare. Complete detailed clinical assessments assisting authorization nurses for timely admissions. Insurance verificationfor Medicare and Medi-Cal. Coordinate bed management with Admissions Directors and DON's. Beauty Advisor Estee Lauder Group of Companies Nov 2014 - Sep 2015 « 11 mos Estee 1 of3 rs in Huntington Beach, Newport Beach, Costa Mesa, https://www.linkedin.com/in/deborahruben/ Contact and Personal Info Deborah {"Debi"}'s Profile, Websites, and Birthday Show more ~~ Ad b> Get rewarded with premium business travel Earn up te 75,000 points. Terms Apply. Learn more People Also Viewed Robert Kelner Hs sics tutor Takhir Sabirov Sr. MLO, Lead at National Residential Mortgage Kelcie Scott Attended California Baptist University Angeles De Alba - 37 © Medical Assistant larry leisz + 2rd & F realtor associate Enrique Serratos ive at Kinetic ConceptsAccount Exec lgnacia Robles Pasten Ignacia Robles Pasten Samuel Samuel Adams Adams Software Engineer at Raytheon Shuy Barak Shuy Barak Advocate navid nassir navid nassir Engineer at Ci 2 Messaging 12/22/2017, 1:42 PM (14) Deborah ("Debi") Ruben | LinkedIn https://www.linkedin.com/in/deborahruben/ —rng ve N .. Initiate consultations to determine customer's preferences and service needs. Companies Leverage product knowledge for increased sales by educating and assisting clients with the exceptional customer service experience, Received numerous accolades from co-workers and customers, FCF Medical Negotiation Consultant - Part Time FCIF Aug 2014 - Dec 2014 + 5mos Anaheim, CA Negotiate catastrophic illness bills telephonically for uninsured and Non-Medicare employees. Review medical charts analyzing and organizing information and developing a reimbursement strategy. Communicate telephonically with hospital personnel, legal offices and accounting representatives reducing outstanding medical bills by up to 75%. vivanteon Director of Health Services the Coast Vjvante on the Coast Apr 2013 - Aug 2013 + 5 mos Costa Mesa, CA Performed pre-opening planning and coordination forluxurious seniorliving property. Assisted Directors of Community Relations, Sales / Marketing for inquiry calls and tours increasing deposits by 25%. Completed 40 hour RCFE with passing certification. {Title 22) Researched and coordinated eMAR and eCharting Systems. Initiated interviewing process for LVN's and CN A's. Built relationships with hospitals, SNF's, Assisted Living, Independent Living and Community Agencies and planned on / off-site meetings. Generated 30% increase in tours. See more positions ~ Education ) DePaul University bePait BSN, Nursing University Harper College he Certification, Meeting/Event/Wedding Consultant ollege Volunteer Experience Paimisland Assistant in Event Coordination Palm Island Dec 2011 - Present « 6yrs Imo Assists Director in planning activities for independent Living residents. eldir Q l 7 “ I N 2 Messaging 20f3 12/22/2017, 1:42 PM EXHIBIT “C” 12/4/2017 www2.dre.ca.gov/PublicASP/pplinfo.asp?License_id=02038637 STATE OF CALIFORNIA BUREAU OF REAL ESTATE The license information shown below represents public information taken from the Bureau of Real Estate(CalBRE) database at the time of your inquiry. It will not reflect pending changes which are being reviewed for subsequent database updating. Also, the license information provided includes formal administrative actions that have been taken against licensees pursuant to the Business and Professions Code and/or the Administrative Procedure Act. All of the information displayed is public information. Although the business and mailing addresses of real estate licensees are included, this information is not intended for mass mailing purposes. License information taken from records of the Bureau of Real Estate on 12/4/2017 4:43:54 PM License Type: Name: Mailing Address: License ID: Expiration Date: License Status: Salesperson License Issued: Former Name(s): Employing Broker: Comment: SALESPERSON Ruben, Deborah Ruth 13960 HOOVER ST APT D-308 WESTMINSTER, CA 92683 02038637 07/13/21 LICENSED 07/14/17 NO FORMER NAMES License ID: 01878341 Realty One Group, Inc. 10681 FOOTHILL BLVD STE 140 RANCHO CUCAMONGA, CA 91730 NO DISCIPLINARY ACTION NO OTHER PUBLIC COMMENTS >>>> Public information request complete <<<< http://www2.dre.ca.gov/PublicASP/pplinfo.asp?License_id=02038637 7” 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE (By Mail) (CCP Section 1013a(3)) [am over the age of 18, and I am not a party to the within action. I am employed by THE] DREYFUSS FIRM. PLC, in the County of Orange, at 2 Venture, Suite 450, Irvine, CA 92618. On December 26, 2017, I served the attached: NOTICE OF MOTION AND MOTION FOR AN ASSIGNMENT ORDER; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF BRUCE DANNEMEYERon the interested parties in this action by placing true copies thereof in sealed envelopes, addressed as follows: Deborah R. Ruben 13960 Hoover Street, Apt. D308 Westminster, CA 92683 [X] (By Mail) I placed said envelopes for collection and mailing, following ordinary business practices, at the business offices of THE DREYFUSS FIRM, PLC at the address set forth above, for deposit in the United States Postal Service. I am readily familiar with the practice of THE DREYFUSS FIRM, PLC for collection and processing of correspondence for mailing with the United States Postal Service, and said envelopes will be deposited with the United States Postal Service on said date in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ 1 (By Electronic Service — via electronic filing service provider) By electronically transmitting the document(s) listed above to OneLegal File and Serve, an electronic filing service provided at www.onelegal.com. The document(s) was/were served electronically and the transmission was reported as complete and without error. I declare that I am employed in the office of a member of the Bar ofthis Court at whose direction the service was made. I declare, under penalty of perjury under the laws ofthe State of California, that the above is true and correct. Executed on December 26, 2017, at Irvine, Califoi he Laura Clawso