Judge: Michael P. Linfield, Case: 22STCV13338, Date: 2023-05-17 Tentative Ruling

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Case Number: 22STCV13338    Hearing Date: May 17, 2023    Dept: 34

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

Moving Party:  Judgment Creditor Ailin Investment Group, LLC  

Resp. Party:    None

Judgment Creditor’s Application and Order for Appearance and Examination — Enforcement of Judgment against Judgment Debtor is GRANTED.

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

BACKGROUND:

On April 14, 2022, Plaintiff Ailin Investment Group LLC filed a Complaint against Defendants Trubella Spa (d.b.a. Trubella), Qingsi Xie, YonghongChen, Jieyi Lu, and Does 1 through 10, inclusive. The listed causes of action are breach of written contract and breach of covenant of good faith and fair dealing.

On November 7, 2022, the Court entered judgment by default for Plaintiff and against Defendant Qingsi Xie in the total amount of $46,913.37.

On November 29, 2022, Plaintiff (now Judgment Creditor) filed its EJ-130, Execution of Money Judgment against Defendant Xie (now Judgment Debtor).

On January 9, 2023, Judgment Creditor filed its Notice of Entry of Judgment and Declaration of Mailing.

On May 3, 2023, Judgment Creditor filed its AT-138/EJ-125, Application and Order for Appearance and Examination — Enforcement of Judgment against Judgment Debtor.

        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 an order for Judgment Debtor to appear for examination. (Application, Items 1.a., 4, 5.a.) The Application form used is Judicial Council Form AT-138/EJ-125, and it includes the statutorily-required notice. (Code Civ. Proc., § 708.110, subd. (e).) Judgment Creditor has a judgment against Judgment Debtor, and Judgment Creditor has not applied to have Judgment Debtor appear within the last 120 days. (Code Civ. Proc., § 708.110, subds. (a), (b).)

The Court GRANTS Judgment Creditor’s Application and Order for Appearance and Examination — Enforcement of Judgment against Judgment Debtor.

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

III.     Conclusion

Judgment Creditor’s Application and Order for Appearance and Examination — Enforcement of Judgment against Judgment Debtor is GRANTED.

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