PERFORMANCE FOOD GROUP, INC. VS. THE NAPA DELI, INC. ET AL

Matter on Calendar for Monday, August 11, 2025, Line 9, PLAINTIFF PERFORMANCE FOOD GROUP, INC.'S Motion For Assignment Of Rights, Restraining Order And Turnover Order.

The unopposed motion for an order assigning rights, restraining order, and turnover order is denied without prejudice. Judgment debtor Performance Food Group Inc. obtained a default judgment against the Napa Deli, Inc. et al. on July 11, 2025. Based on the complaint and the declaration of Cristin Garden submitted for the prove-up hearing, of which the court takes judicial notice, this action appears to concern unpaid food bills, not dental bills. Yet Performance Food's attorney declaration recites that the defendant is a dental practice. (Amended Dec. of David J. Cook, para. 2.) That appears to be in error. The list of persons and entities from whom judgment debtor seeks an assignment error is mostly a list of insurance companies, including many dental insurance companies, who seem unlikely to this court to be payees of this judgment creditor.

Code of Civil Procedure 708.510(a) makes clear that the assignment remedy is discretionary by stating that it is a remedy the court "may" order. On this application, the court declines to issue the remedy on the record before it because there is no proof that judgment debtor has demanded payment of the judgment, and because the list of likely payees is insufficiently supported. This order is without prejudice.

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