Judge: Layne H. Melzer, Case: 2020-01173844, Date: 2022-11-17 Tentative Ruling

Order to Show Cause

The hearing on the instant OSC is CONTINUED to 12/22/22 at 2PM, as neither party has provided the Court with a copy of the relevant subpoena nor the transcripts from the prior examinations.  Contrary to the assertions in Judgment Creditor’s moving brief, a copy of the Subpoena was not attached to the brief filed with the Court.  Nor was any transcript filed concurrently with the initial brief, as indicated in the Reply.

Consequently, the Court cannot engage in the “particularized inquiry” contemplated by the Court in Warford, nor is the Court able to determine “the implications of the question[s]” or whether a reasonable fear of an “injurious disclosure” exists, in light of the “content of the questions.” (Warford v. Medeiros (1984) 160 Cal.App.3d 1035, 1045 and Troy v. Superior Court (1986) 186 Cal.App.3d 1006, 1010-1011). 

Based on the above, the OSC is CONTINUED to 12/22/22 at 2PM.  Judgement Creditor is ordered to file the relevant subpoena and transcripts, no later than 9 court-days prior to the continued hearing date.

The Appearance and Examination of Judgment Debtor, currently scheduled for November 18, 2022, will similarly be CONTINUED to 1/6/23 at 9:30AM.

The Appearance and Examination of 3^rd Party, currently scheduled for November 18, 2022, will similarly be CONTINUED to 1/6/23 at 9:30AM.