COLE ASHBURY GROUP, LLC VS. COOKIES CREATIVE CONSULTING & PROMOTIONS, INC.

SF Superior Court - Law & Motion / Discovery Dept 301 - CPF25519085 - September 8, 2025 Hearing date: September 8, 2025 Case number: CPF25519085 Case title: COLE ASHBURY GROUP, LLC VS. COOKIES CREATIVE CONSULTING & PROMOTIONS, INC. Case Number: | | CPF25519085 | Case Title: | | COLE ASHBURY GROUP, LLC VS. COOKIES CREATIVE CONSULTING & PROMOTIONS, INC. | Court Date: | | 2025-09-08 09:00 AM | Calendar Matter: | | Notice Of Motion For Assignment Order; Declaration; Memorandum | Rulings: | | Matter on the Law & Motion / Discovery calendar for Monday, September 8, 2025, Line 1. [Part 1 of 2 of the tentative ruling.]

PETITIONER COLE ASHBURY GROUP, LLC's Motion For Assignment Order. The motion for an assignment order is granted and the judgment debtor Cookies Creative Consulting & Promotions, Inc. is ordered to assign its rights to payments by the entities listed in Appendix 1 to the Delaplane Declaration to the judgment creditor Cole Ashbury Group LLC.

Code of Civil Procedure, section 708.510, states in relevant part: "(a) Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor . . . all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments . . . . "(b) The notice of the motion shall be served on the judgment debtor. Service shall be made personally or by mail. "(c) Subject to subdivisions (d), (e), and (f), in determining whether to order an assignment or the amount of an assignment pursuant to subdivision (a), the court may take into consideration all relevant factors, including the following: "(1) The reasonable requirements of a judgment debtor who is a natural person and of persons supported in whole or in part by the judgment debtor. "(2) Payments the judgment debtor is required to make or that are deducted in satisfaction of other judgments and wage assignments, including earnings assignment orders for support. "(3) The amount remaining due on the money judgment. "(4) The amount being or to be received in satisfaction of the right to payment that may be assigned. "(d) A right to payment may be assigned pursuant to this article only to the extent necessary to satisfy the money judgment."

The court concludes that the notice of motion was served on the judgment debtor as required by statute. (See Sanchez Declaration.)

The judgment amount is significant. (Code Civ. Proc., section 708.510, subd. (c)(3).) The judgment debtor offers no evidence that the amount assigned would exceed the judgment. The judgment debtor states that the intellectual property licensor would void its licensing agreement if it became insolvent, but offers no support for the proposition other than a declaration of belief.

Considering all the factors set out in the statute, the court grants the application. The judgment creditor is not required to pursue other remedies before seeking assignment of payment streams. [End of part 1 of 2 of the tentative ruling]. =(301/CVA) | |