Crossroads Intercontinental v. Ave. Real Estate In
Crossroads Intercontinental, Ltd. brought an action against Avenue Real Estate International, doing business as Engel & Volkers Los Angeles, alleging Avenue Real Estate failed to make payments to Crossroads pursuant to an assignment order under Code of Civil Procedure section 708.510. The trial court sustained Avenue Real Estate’s demurrer without leave to amend and dismissed the action with prejudice, ruling a judgment creditor does not have a private right of action under section 708.510 against a third party obligor who fails to make payments pursuant to a post-judgment assignment order. Although there are remedies for an obligor’s failure to comply with section 708.510, a separate action for violation of that statute is not one of them. Nevertheless, Crossroads may be able to state a cause of action as an assignee of the judgment debtor’s rights.
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