Judge: Matthew C. Braner, Case: 37-2022-00021717-CU-EN-CTL, Date: 2023-09-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 31, 2023

09/01/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Enforcement Motion Hearing (Civil) 37-2022-00021717-CU-EN-CTL AMERRA CAPITAL MANAGEMENT LLC VS STRUYK [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Tony Struyk's motion to quash subpoenas is GRANTED.

Plaintiff Amerra Capital Management LLC's motions for issuance of orders to show cause re: civil contempt against non-party witnesses Rosie Struyk and Fayez Sweiss are DENIED.

Defendant moves to quash the subpoenas issued to non-parties East West Bank, P&B Land LLC, and Quanta Finance LLC, for a judgment debtor exam on March 24, 2023 that has since been vacated and reset to April 21, 2023. The April 21, 2023 hearing was also vacated, and no further hearing has been set for a judgment debtor exam of Defendant. As the court sees it, these subpoenas have become moot, as they are tethered to a hearing that did not go forward. If and when Plaintiff sets a new hearing for a judgment debtor exam, new subpoenas should be issued that reference the new hearing date.

Plaintiff seeks an order from this court to set an order to show cause regarding civil contempt against non-parties Rosie Struyk and Fayez Sweiss for ignoring a subpoena to appear at a judgment debtor exam set for January 13, 2023. But as previously stated, this exam did not go forward and no new exam has been set. The court is not inclined to exercise its authority to hold these non-parties in contempt.

(Code Civ. Proc., § 1991 ['Disobedience to a subpoena . . . , may be punished as a contempt by the court issuing the subpoena.'], underlining added.) Accordingly, Plaintiff's motions are denied.

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