Judge: Michael P. Linfield, Case: 21STCV32507, Date: 2023-03-10 Tentative Ruling

Case Number: 21STCV32507    Hearing Date: March 10, 2023    Dept: 34

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

Moving Party:  Judgment Creditor Damiani USA Corporation

Resp. Party:    None

Judgment Creditor’s Applications and Orders for Appearance and Examination — Enforcement of Judgment against Judgment Debtor are GRANTED. Judgment Debtors must each designate a representative to appear for examination.

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

BACKGROUND:

On September 2, 2021, Plaintiff Damiani USA Corporation filed its Complaint against Defendants PP North America US, Inc., Philipp Plein Americas, Inc., and PP North America USA, Inc. on causes of action of breach of lease and alter ego.

On April 20, 2022, the Court entered judgment in favor of Plaintiff (now Judgment Creditor) and against Defendants (now Judgment Debtors) in the amount of $301,897.41.

On December 29, 2022, Judgment Creditor filed three Applications and Orders for Appearance and Examination for Philipp Plein to appear, one filed for each Judgment Debtor.

On February 6, 2023, Judgment Creditor filed another Application and Order for Appearance and Examination, this one to Judgment Debtor PP North America USA Inc. Judgment Creditor concurrently filed Declaration of Armen Manasserian.

        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 through Philipp Plein. (Application, Items 1.a., 4, 5.a.) The Application forms used are Judicial Council Form AT-138/EJ-125, and they all 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).)

Notably, the Declaration of Armen Manasserian specifically requests that the Court issue an order that (1) does not list a natural person, and (2) advises Judgment Debtor PP North America CA of its duty to designate a company representative to appear for examination. (Decl. Manasserian, ¶ 7.) This is because Judgment Creditor has not been able to locate Mr. Plein. (Id. at ¶ 6.)

PP North America CA is not a Judgment Debtor, the Court does not have any evidence before it that a judgment has been secured against PP North America CA, and no application has been filed regarding PP North America CA. Thus, the Court cannot issue an order for appearance and examination for PP North America CA.

Regarding the Applications actually filed, the Court finds that Judgment Creditor has satisfied all of the statutory requirements for orders for appearance and examination.

The Court GRANTS Judgment Creditor’s Applications and Orders for Appearance and Examination — Enforcement of Judgment against Judgment Debtor. Judgment Debtors must each designate a representative to appear for examination.

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

III.     Conclusion

Judgment Creditor’s Applications and Orders for Appearance and Examination — Enforcement of Judgment against Judgment Debtor are GRANTED. Judgment Debtors must each designate a representative to appear for examination.

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