Judge: Michael P. Linfield, Case: 20STCV26441, Date: 2023-03-21 Tentative Ruling

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Case Number: 20STCV26441    Hearing Date: March 21, 2023    Dept: 34

SUBJECT:         Applications and Orders for Appearance and Examination — Enforcement of Judgment against Judgment Debtors

Moving Party:  Judgment Creditor Ramona Featherby

Resp. Party:    None

Judgment Creditor’s Applications and Orders for Appearance and Examination — Enforcement of Judgment against Judgment Debtors are GRANTED.

For each of the Judgment Debtors, Judgment Creditor shall file proof of service no less than 72 hours in advance of the next hearing.

BACKGROUND:

On July 14, 2020, Plaintiffs Jennie Buckley and John Buckley filed their Complaint against Defendants Michael K. Obeng (d.b.a. MiKO Plastic Surgery) and MiKO Surgery Center, Inc. on causes of action of violation of right to privacy, unjust enrichment, breach of fiduciary duty of confidentiality, negligence per se for violation of the Health Insurance Portability and Accountability Act, negligence per se for violation of Confidentiality of Medical Information Act, violation of Civil Code section 3344, violation of Health and Safety Code section 123110, and loss of consortium.

On October 8, 2021, the Clerk’s Office entered Judgment by Default on Defendants (now Judgment Debtors) in the amount of $610,346.61.

On December 19, 2022, Plaintiffs filed their Acknowledgement of Assignment of Judgment, in which they made an absolute assignment of their rights to the Judgment to Ramona Featherby, d.b.a. California Judicial Recovery Specialists (“Judgment Creditor”).

On January 12, 2023, Judgment Creditor filed their Application and Order for Appearance and Examination — Enforcement of Judgment against Judgment Debtor Michael K. Obeng.

On January 13, 2023, Judgment Creditor filed their Application and Order for Appearance and Examination — Enforcement of Judgment against Judgment Debtor MiKO Surgery Center, Inc.

No opposition or other response has been filed.

ANALYSIS:

I.           Legal Standard

“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 Civ. Proc., § 708.110, subd. (a).)

“If the judgment creditor has not caused the judgment debtor to be examined under this section during the preceding 120 days, the court shall make the order upon ex parte application of the judgment creditor.” (Code Civ. Proc., § 708.110, subd. (b).)

“If the judgment creditor has caused the judgment debtor to be examined under this section during the preceding 120 days, the court shall make the order if the judgment creditor by affidavit or otherwise shows good cause for the order. The application shall be made on noticed motion if the court so directs or a court rule so requires. Otherwise, it may be made ex parte.” (Code Civ. Proc., § 708.110, subd. (c).)

“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.” (Code Civ. Proc., § 708.110, subd. (d).)

“The order shall contain the following statement in 14-point boldface type if printed or in capital letters if typed: ‘NOTICE TO JUDGMENT DEBTOR. If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court and the court may make an order requiring you to pay the reasonable attorney’s fees incurred by the judgment creditor in this proceeding.’” (Code Civ. Proc., § 708.110, subd. (e).)

II.        Discussion

Judgment Creditor applies for orders for Judgment Debtors to appear for examination. (Applications, Items 1.a., 4, 5.a.) The Application forms used are Judicial Council Form AT-138/EJ-125, and they include the statutorily-required notice. (Code Civ. Proc., § 708.110, subd. (e).) Judgment Creditor has a judgment against Judgment Debtors, and Judgment Creditor has not applied to have Judgment Debtors appear within the last 120 days. (Code Civ. Proc., § 708.110, subds. (a), (b).)

III.     Conclusion

Judgment Creditor’s Applications and Orders for Appearance and Examination — Enforcement of Judgment against Judgment Debtors are GRANTED.

For each of the Judgment Debtors, Judgment Creditor shall file proof of service no less than 72 hours in advance of the next hearing.