Judge Michael P. Linfield, Case 21STCV32507 2023-05-01 Tentative Ruling

Judge: Michael P. Linfield, Case: 21STCV32507, Date: 2023-05-01 Tentative Ruling

Case Number: 21STCV32507 Hearing Date: May 1, 2023 Dept: 34

SUBJECT: Application and Order for Appearance and Examination — Enforcement of Judgment against Judgment Debtor

Moving Party: Judgment Creditor Damiani USA Corporation

Resp. Party: None

Judgment Creditor’s Application and Order for Appearance and Examination — Enforcement of Judgment against Judgment Debtor PP North America USA, Inc. is GRANTED.

Regarding this Order to Appear for Examination, Judgment Creditor shall file proof of service on Judgment Debtor PP North America USA, Inc. or its designated individual 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 March 10, 2023, the Court granted Judgment Creditor’s Applications and Orders for Appearance and Examination, one for each Judgment Debtor. The Court ordered Judgment Debtors to each designate a representative to appear for examination. (Minute Order dated March 10, 2023, p. 5.)

On April 6, 2023, Judgment Creditor filed AT-138/EJ-125, Application and Order for Appearance and Examination — Enforcement of Judgment against Judgment Debtor. This filing is solely regarding Judgment Debtor PP North America USA, Inc. Judgment Creditor concurrently filed: (1) Declaration of Armen Manasserian; and (2) Proof of Service.

No opposition or other response has been filed.

ANALYSIS:

I. Legal Standard

“If a corporation, partnership, association, trust, limited liability company, or other organization is served with an order to appear for an examination, it shall designate to appear and be examined one or more officers, directors, managing agents, or other persons who are familiar with its property and debts.” (Code Civ. Proc., § 708.150, subd. (a)(1).)

“If a corporation, partnership, association, trust, limited liability company, or other organization served with an order to appear for an examination fails to designate a person to appear pursuant to paragraph (1), the order to appear for an examination shall be deemed to have been made to and served upon the individuals designated in the manner described in paragraph (2) of subdivision (c).” (Code Civ. Proc., § 708.150, subd. (a)(2).)

“If the order to appear for the examination does not require the appearance of a specified individual, the order shall advise the corporation, partnership, association, trust, limited liability company, or other organization of all of the following:

(1) “The organization’s duty to make a designation under paragraph (1) of subdivision (a).

(2) “That the organization’s failure to make a designation under paragraph (1) of subdivision (a) shall result in the order to appear for the examination to be deemed to have been made to, and require the appearance of, the following:

(A) “If the organization is a corporation registered with the Secretary of State, a natural person named as the chief financial officer in the corporation’s most recent filing with the Secretary of State. If no one is so named, a natural person named as the chief executive officer in the corporation’s most recent filing with the Secretary of State. If no one is so named, a natural person named as the secretary in the corporation’s most recent filing with the Secretary of State.

. . .

(3) “That service of an order to appear for an examination upon an organization by any method permitted under this code or the Corporations Code, including service on the agent of the organization for service of process, shall be deemed effective service of the order to appear upon the individuals identified under subparagraphs (A), (B), (C), and (D) of paragraph (2).”

(Code Civ. Proc., § 708.150, subd. (c)(1), (c)(2)(A), (c)(3).)

II. Discussion

On March 10, 2023 Court ordered Judgment Debtor PP North America USA, Inc. to appear for examination regarding enforcement of the judgment against this corporation. The Court ordered this Judgment Debtor (and the others) to designate a representative to appear for examination. (Code Civ. Proc., § 708.150, subd. (a)(1).)

The Court notes that the prior Order to Appear for Examination, signed December 29, 2022, includes the proper statutory notices on page 3 pursuant to Code of Civil Procedure section 708.150, subdivision (c).

Further, on its own motion, the Court judicially notices that the California Secretary of State’s website has Judgment Debtor PP North America USA, Inc. registered in active status with the California Secretary of State, with its most recent electronic filing listing Philipp Plein as this Judgment Debtor’s Chief Financial Officer.

Judgment Debtor PP North America USA, Inc. has not appeared before the Court. Nor is there any evidence before the Court that this Judgment Debtor (or the others) designated a representative to appear for examination.

Judgment Creditor now reapplies for a new order to appear for examination pursuant to Code of Civil Procedure section 708.150, subdivision (c). (Decl. Manasserian, ¶¶ 5–9.)

Pursuant to Code of Civil Procedure section 708.150, subdivision (a)(2), because Judgment Debtor PP North America USA, Inc. was served with an order to appear for an examination and has failed to designate a person to appear, the order to appear for an examination is deemed to have been made to and served upon the following designated individual: Philipp Plein. (See Code Civ. Proc., § 708.150, subd. (c)(2)(A).

Judgment Debtor PP North America USA, Inc., through its designated individual, Philipp Plein, shall appear for examination at the next hearing in this matter. The Judgement Creditor may pick the date of the hearing and include that date in the Order to be signed by the Court.

III. Conclusion

Judgment Creditor’s Application and Order for Appearance and Examination — Enforcement of Judgment against Judgment Debtor PP North America USA, Inc. is GRANTED.

The prior Order to Appear for Examination, dated March 10, 2023, is deemed to have been made to and served upon the following designated individual: Philipp Plein.