Kwok v. Genera Corporation
Motion to Charge Members’ Interests in Limited Liability Companies
Motion type
Monetary amounts referenced
Parties
Ruling
all with this motion. In addition, it appears Plaintiff seeks responses to form interrogatory no. 17.1 for each of Defendant’s denials to the RFAs, but there is no evidence Plaintiff ever served form interrogatory no. 17.1. The motion is therefore DENIED.
Motion to Proffer Evidence: This motion is a procedurally improper motion for reconsideration of the Court’s July 7, 2025 ruling granting Defendant’s discovery motions. A motion for reconsideration must be brought within 10 days after service of written notice of entry of the order and must be “based upon new or different facts, circumstances, or law” than those before the court at the time of the original ruling. (Code of Civ. Proc. § 1008, subd. (a).) Here, the motion is untimely and fails to identify any new or different facts, circumstances or law than those before the Court at the time of the order. The motion is therefore DENIED.
Counsel for Defendant shall give notice of this ruling. 11 Southwest O/C Voter Registration Education Project v. City of Huntington Beach 12 Kwok v. Before the Court is a Motion to Charge Members’ Interests in Limited Genera Liability Companies by defendant/judgment creditor Genera Corporation Corporation (Judgment Creditor). The motion is GRANTED, as set forth herein.
On 12/2/25, a judgment after jury trial was entered awarding damages in favor of Judgment Creditor and against plaintiffs/judgment debtors Jackson Kwok and Annie Wong (collectively, Judgment Debtors), jointly and severally, in the amount of $14,271,611.96. (ROA 820) The judgment also reflects an additional $1,345,000 being awarded separately against Annie Wong. (ROA 820) On 3/10/26, an amended judgment was entered awarding costs and expert fees to Judgment Creditor in the amounts of $262,540.91 and 360,715.50 respectively. (ROA 1057) Judgment Creditor seeks an order charging the membership interests of plaintiffs/judgment debtors Jackson Kwok and Annie Wong (collectively, Judgment Debtors) in two limited liability companies with payment of the unpaid balance of the judgment as reflected in ROA 1057.
The amount of the judgment entered is not disputed. The two entities are: (1) Singgong LLC and (2) Cat & Mouse Investments, LLC (collectively, LLC’s).
To reach a partnership or LLC interests, the judgment creditor ordinarily must obtain a court order charging those interests with the amount of the judgment. (Code Civ. Proc., §708.320; Evans v. Galardi (1976) 16 Cal.3d 300, 310.) Corporations Code section 17705.03 states “on application by a judgment creditor of a member or transferee, a court may enter a charging order against the transferable interest of the judgment debtor for the unsatisfied amount of the judgment.” (Corp. Code, § 17705.03(a).)
Corporations Code section 17705.03 also states it is the exclusive remedy by which a judgment creditor seeking to enforce a judgment against a member or transferee may satisfy the judgment from the judgment debtor’s transferable interest. (Corp. Code, § 17705.03(f).)
Here, Judgment Creditor has provided evidence showing the Judgment Debtors have an ownership interest the LLC’s. (See, Graves Decl., ¶ 12, Ex. F, RFA 55 (Kwok); ¶13 Ex. G, RFA 12 (Wong); ¶14, Ex. H, Rog 1 (Kwok); ¶15 Ex. I, Rog 1 (Wong); Ex. J, August 7, 2025 Trial Transcript at 205:20-206:12, 208:25-209:5; Ex. K, September 25, 2024 Deposition of Jackson Kwok at 241:2-5.) The Court finds Judgment Creditor has met its burden as the moving party. Judgment Debtors have submitted no evidence in opposition. For example, neither Kwok nor Wong submitted a declaration denying that they have transferrable interests in the two LLC’s. Instead, Judgment Debtors argue their admissions in pre-trial discovery and at trial as to their ownership of the LLCs are insufficient because their ownership in the LLCs may have changed. There is no evidence to support this argument.
Judgment Debtors also argue this motion should be denied because it is an improper motion for reconsideration of the Court’s 5/11/26 ruling on an earlier motion to charge members’ interests. However, the prior motion was denied without prejudice. “Denial of a motion without prejudice impliedly invites the moving party to renew the motion at a later date, when he can correct the deficiency that led to the denial.” (Farber v. Bay View Terrace Homeowners Assn. (2006) 141 Cal. App. 4th 1007, 1015.)
Accordingly, the motion is GRANTED. As a result a lien is thereby placed on the transferrable interests of Jackson Kwok and Annie Wong in Singgong LLC and Cat & Mouse Investments, LLC. Singgong LLC and Cat & Mouse Investments, LLC are ORDERED to pay over to Genera Corporation any distribution that otherwise would be paid to Jackson Kwok or Annie Wong until such time as the balance of the amended judgment entered 3/10/26 (ROA 1057) is paid in full.
Judgment Creditor to submit a proposed order.
Judgment Creditor shall give notice. 13 Twining v. Cont. to 8/24. Tarvin 14 15 16 17 18 19 20 21
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