Judge: Michael P. Linfield, Case: 20STCV22550, Date: 2022-08-16 Tentative Ruling

Case Number: 20STCV22550    Hearing Date: August 16, 2022    Dept: 34

SUBJECT:                 Application and Order for Appearance and Examination

Moving Party:          Judgment Creditor Jack J. Benudiz

Resp. Party:             Judgment Debtor Danny Siag

Judgment Creditor Jack J. Benudiz’s Application and Order for Appearance and Examination of Judgment Debtor Danny Siag is GRANTED.

I.           BACKGROUND

On June 15, 2020, Plaintiff Danny Siag filed a Complaint against Defendant Jack J. Benudiz alleging the following causes of action:

1.           Breach of Contract

2.           Fraud

3.           Common Counts

On August 30, 2021, the Court found in favor of Defendant and against Plaintiff on all causes of action from Plaintiff’s Complaint filed June 15, 2020. (Minute Order, August 30, 2021.)

On December 20, 2021, Defendant’s Motion for Costs of Proof Including Attorney’s Fees was GRANTED in the amount of $34,342.50.

On May 26, 2022, Judgment Creditor Jack J. Benudiz filed the instant Application and Order for Appearance and Examination to order Judgment Debtor to furnish information to aid in enforcement of a money judgment against him.

II.        ANALYSIS

A.          Legal Standard

Code of Civil Procedure section 708.110, subdivision (a) provides:

"The judgment creditor may apply to the proper court for an order requiring the judgment debtor to appear before the court, or before a referee appointed by the court, at a time and place specified in the order, to furnish information to aid in enforcement of the money judgment."

Code of Civil Procedure section 708.110, subdivision (d) provides:

"The judgment creditor shall personally serve a copy of the order on the judgment debtor not less than 10 days before the date set for the examination. Service shall be made in the manner specified in Section 415.10. Service of the order creates a lien on the personal property of the judgment debtor for a period of one year from the date of the order unless extended or sooner terminated by the court."

B.          Discussion

Judgment Creditor applies for an order to bring Judgment Debtor before the Court to furnish information to aid in enforcement of a money judgment against him. The Court finds that Judgment Debtor was personally served with the following documents on July 9, 2022, thirty-eight (38) days before the scheduled hearing (Proof of Service, filed July 20, 2022, p. 1):

·                    Application and Order for Appearance and Examination

·                    Notice of Continuance of Judgment Debtor’s Examination

·                    Post Judgment Demand for Inspection of Documents in Aid of Enforcement of Judgment

·                    Post Judgment Special Interrogatories in Aid of Enforcement of Judgment

The Court finds that Judgment Creditor’s Application and Order for Appearance and Examination complies with the requirements of CCP § 708.110.

III.     CONCLUSION

Judgment Creditor Jack J. Benudiz’s Application and Order for Appearance and Examination of Judgment Debtor Danny Siag is GRANTED.