Judge: Michael P. Linfield, Case: BC536255, Date: 2023-05-26 Tentative Ruling

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Case Number: BC536255    Hearing Date: May 26, 2023    Dept: 34

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

Moving Party:  Judgment Creditor Peter Dille

Resp. Party:    None

RULING:

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 February 13, 2014, Plaintiff Peter Dille filed his Complaint against Defendants Darrell G. Winfrey and Monica Alexander.

On April 3, 2015, the Court entered judgment in favor of Plaintiff (now Judgment Creditor) and against Defendants (now Judgment Debtors), jointly and severally, in the amount of $89,600.00, with post-judgment interest at the rate of 10% per year.

On April 3, 2019, the Court renewed judgment in favor of Judgment Creditor against Judgment Debtors in the amount of $67,402.39.

On March 20, 2023, Judgment Creditor filed MC-012, Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest.

On March 21, 2023, Judgment Creditor filed 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 Monica Alexander 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 Monica Alexander, and Judgment Creditor has not applied to have Judgment Debtor Monica Alexander 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.