Wayfarer Aviation, Inc. v. The Halsey McLean Minor Revocable Trust, No. C 10-00165 (N.D.Cal., Sept. 18, 2012).
Opinion 2012 California Foreign_Entities 2012CaliforniaWayfarerAviationForeignEntity
Related Article: None.
AI Synopsis
♦ A charging order was issued on September 18, 2012, to ensure the satisfaction of a substantial judgment. The judgment creditor, Wayfarer Aviation, Inc., which now operates as WAI Liquidating Co., Inc., sought to collect a total of $608,619.55 from the defendant trust following a March 2011 judgment. Under the authority of the California Code of Civil Procedure and the California Corporations Code, the court granted a motion to charge the trust’s membership interests in several limited liability companies. These entities include Fox Ridge Farms Holdings, LLC; Fox Ridge Farms Management, LLC; Fox Ridge Investments, LLC; Minor Management Services, LLC; Minor/O'Brien Ventures I, L.L.C.; Minor Stables, LLC; and Minor Ventures, LLC. This judicial order creates a formal lien on the trust's assignable membership interests within these businesses. Consequently, the court ordered that all income, revenue, profits, or proceeds from these entities that would otherwise be distributed to the trust must instead be paid directly to Wayfarer until the judgment, including accrued interest and legal costs, is fully satisfied. To protect the creditor's rights, the trust is legally restrained from transferring, pledging, or alienating its interests in these companies without the court's prior approval. Additionally, the trust is required to provide Wayfarer with a comprehensive accounting of its membership interests and any funds due upon request. The order effectively diverts the trust's economic benefits from these specific LLCs to the creditor as part of the enforcement of the court's earlier financial judgment. ♦
Wayfarer Aviation, Inc. v. The Halsey McLean Minor Revocable Trust, No. C 10-00165 (N.D.Cal., Sept. 18, 2012).
WAYFARER AVIATION, INC., Plaintiff,
v.
THE HALSEY MCLEAN MINOR REVOCABLE TRUST U/A/D 11/2/2004, Defendant.
No. C 10-00165 CRB.
United States District Court, N.D. California.
September 18, 2012.
_ [PROPOSED] CHARGING ORDER
CHARLES R. BREYER, District Judge.
Upon review of Plaintiff's Application For Order Charging Defendant/Judgment Debtor's Membership Interests In Limited Liability Companies, and for good cause shown, said Motion is hereby granted.
Pursuant to Cal Code Civ Proc sec. 708.310, the Court orders that the interest of the defendant and judgment debtor, The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004, in any of the following limited liability companies ("Parties Being Charged") is hereby charged and shall be applied toward satisfaction of the Judgment entered on March 24, 2011, against The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004 and in favor of the plaintiff and judgment creditor, Wayfarer Aviation, Inc., nka WAI Liquidating Co., Inc. ("Wayfarer"), in the amount of $608,619.55 (dckt. no. 38). The charging order shall include The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004's membership interests in:
PAGE_ Fox Ridge Farms Holdings, LLC Principal Office: 530 E. Main Street Charlottesville, VA 22902 Fox Ridge Farms Holdings, LLC Registered Agent: David H. Pettit 530 E. Main Street Charlottesville, VA 22902 PAGE_ Fox Ridge Farms Management, LLC Principal Office: 530 E. Main Street Charlottesville, VA 22902 Fox Ridge Farms Management, LLC Registered Agent: David H. Pettit 530 E. Main Street Charlottesville, VA 22902 PAGE_ Fox Ridge Investments, LLC Principal Office: 2787 C S Farm Road Free Union, VA 22940 Fox Ridge Investments, LLC Registered Agent: David H. Pettit 530 E. Main Street Charlottesville, VA 22902 PAGE_ Minor Management Services, LLC Registered Agent: CT Corporation System 818 West Seventh Street, 2nd Floor Los Angeles, CA 90017 PAGE_ Minor/O'Brien Ventures I, L.L.C. Principal Office: 580 California Street, Suite 1600 San Francisco, CA 94140 Minor Stables, LLC Registered Agent: David Pettit 530 East Main Street Charlottesville, VA 22902 PAGE_ Minor Ventures, LLC Registered Agent: CT Corporation System 818 West Seventh Street, 2nd Floor Los Angeles, CA 90017 Minor/O'Brien Ventures I, L.L.C. Registered Agent: CT Corporation System 818 West Seventh Street, 2nd Floor Los Angeles, CA 90017
Pursuant to Cal Corp Code sec. 17302(a), the Court specifically charges the assignable membership interest of The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004 in the Parties Being Charged to satisfy the Judgment in this case.
Pursuant to Cal Corp Code sec. 17302(b), this charging order constitutes a lien on the assignable membership interest of The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004 in the Parties Being Charged. The court may order a foreclosure on the membership interests subject to this charging order at any time.
The Court further orders that no distribution of income of any kind or any kind of income being revenue, profits, distributions or proceeds from the sale of the Parties Being Charged hereinbefore identified, whether it be real or personal property, fixtures, intangible property, income, revenue, profits or proceeds be disbursed to The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004, unless and until the Judgment balance, together with interest and costs, is paid to Wayfarer.
The Court further orders that The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004 shall account to Wayfarer upon Wayfarer's request an accounting of the The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004's interest in the Parties Being Charged, and shall further account to Wayfarer for any monies, property, goods and effect due and owing, or to be due and owing to The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004, by virtue of its membership interests and/or ownership interests in the Parties Being Charged.
The Court further orders that The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004 is restrained from transferring, attempting to transfer, distributing, crediting, alienating, signing, giving, pledging, hypothecating or otherwise disposing of any present existing equitable legal interest in the membership interests or otherwise in property, real, personal, mixed, tangible or intangible wheresoever located to any person or entity in said entities being the Parties Being Charged until such a time as Wayfarer's Judgment, together with interest and costs, has been satisfied, and without prior approval of the Court as the result of Wayfarer's equitable Liens on The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004's interest in the Parties Being Charged.
The Court further orders that in the event any distribution is to be made by the Parties Being Charged to The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004, as the result of The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004 `s membership interest in the Parties Being Charged, that said distribution be made to Wayfarer, as Wayfarer has been granted a Charging Order against The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004's membership interests in the Parties Being Charged.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004's membership interest in the Parties Being Charged is charged with Wayfarer's Judgment in the amount of $608,619.55, and that in the event any distribution is made by Parties Being Charged to The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004, that said distribution be made to Wayfarer subject Wayfarer's Charging Order, and that the Parties Being Charged are hereby restrained from making any distributions of any kind whatsoever to The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004, until such a time as Wayfarer's Judgment, together with interest and costs, has been paid and satisfied.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004, is enjoined from receiving any distribution of any kind whatsoever from the Parties Being Charged until such a time as Wayfarer's Judgment, together with interest and costs, has been paid, and that any further distribution to be made by the Parties Being Charged, which would otherwise belong to The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004, that said distribution be made to Wayfarer until such a time as Wayfarer's Judgment, together with interest and costs, has been paid and satisfied.
IT IS SO ORDERED.