Superior Court of California 

County of Los Angeles 

Department 78 

 

WESCO INSURANCE COMPANY,

Plaintiff,  

vs. 

TRUE GLASS AND GLAZING INCORPORATED,

Defendant. Case No.: 21STCV40167

PLAINTIFF WESCO INSURANCE COMPANY’S APPLICATION FOR APPEARANCE AND EXAMINATION OF DEFENDANT TRUE GLASS AND GLAZING INCORPORATED

Plaintiff’s application for appearance and examination of True Glass and Glazing Incorporated is GRANTED.

FACTUAL BACKGROUND   

This is an action for breach of contract. Plaintiff was Defendant’s insurer for workers’ compensation and employers liability insurance coverage. After Plaintiff audited Defendant, Plaintiff found the premium basis estimate was inaccurate and Defendant owed an additional $19,527 for 2017, $3,406 for 2018, and $14,020 for 2019. In August 2019, Defendant refused to make further payments toward the premiums.

PROCEDURAL HISTORY 

On November 1, 2021, Plaintiff filed its Complaint against Defendant True Glass and Glazing Incorporated.

On June 19, 2023, the Court granted default judgment against Defendant.

On November 14, 2023, Plaintiff filed an application for appearance and examination of Defendant.

DISCUSSION 

Code of Civil Procedure section 708.120, subdivision (a) provides: 

 

“Upon ex parte application by a judgment creditor who has a money judgment and proof by the judgment creditor by affidavit or otherwise to the satisfaction of the proper court that a third person has possession or control of property in which the judgment debtor has an interest or is indebted to the judgment debtor in an amount exceeding two hundred fifty dollars ($250), the court shall make an order directing the third person to appear before the court, or before a referee appointed by the court, at a time and place specified in the order, to answer concerning such property or debt. The affidavit in support of the judgment creditor's application may be based on the affiant's information and belief.”  

 

“Not less than 10 days prior to the date set for examination, a copy of the order shall be: (1) Served personally to the third person[;] (2) Served personally or by mail on the judgment debtor.” (Code Civ. Proc., § 708.120, subd. (b).) 

 

“An order made pursuant to subdivision (a) shall contain the following statements in 14-point boldface type if printed or in capital letters if typed: 

. . .  

 

(2) ‘NOTICE TO JUDGMENT DEBTOR. The person in whose favor the judgment was entered in this action claims that the person to be examined pursuant to this order has possession or control of property which is yours or owes you a debt.¿This property or debt is as follows: (Description of property or debt). If you claim that all or any portion of this property or debt is exempt from enforcement of the money judgment, you must file your exemption claim in writing with the court and personally serve a copy on the judgment creditor not later than three days before the date set for the examination. You must appear at the time and place set for this examination to establish your claim of exemption or your exemption may be waived.’” (Code Civ. Proc., § 708.120, subd. (e)(2).)

“Witnesses may be required to appear and testify before the court or referee in an examination proceeding under this article in the same manner as upon the trial of an issue.” (Code Civ. Proc., §708.130(a).)

Here, the entity Plaintiff wishes to examine through its CEO, Nanette Robinson, is the judgment debtor. Robinson, as Defendant’s CEO, has knowledge of Defendant’s assets and will be able to answer questions about Defendant’s assets to aid in the enforcement of the judgment against it.

Plaintiff’s application is GRANTED.

DATED: December 11, 2023 

________________________

Hon. Jill Feeney 

Judge of the Superior Court