Judge: Michael P. Linfield, Case: BC723015, Date: 2022-12-12 Tentative Ruling
Case Number: BC723015 Hearing Date: December 12, 2022 Dept: 34
SUBJECT: Application and Order for Appearance
and Examination
Moving Party: Judgment Creditor Hollywood Garden, LLC
Resp. Party: None
TENTATIVE RULING:
Judgment Creditor’s Application and
Order for Appearance and Examination is GRANTED.
BACKGROUND:
On
September 24, 2018, Plaintiff Hollywood Garden, LLC filed its Complaint against
Ji Li and Yong Bai on causes of action relating to breach of contract and
fiduciary duty concerning a commercial property located at 6140 Hollywood
Boulevard.
This
case has since had a years-long procedural history, including the recent grants
of terminating sanctions and a multi-million-dollar default judgment against
Defendant/Judgment Debtor Ji Li after this party repeatedly refused to comply
with the Court’s Orders regarding matters involving discovery.
Defendant/Judgment Debtor is currently appealing the default judgment, although
as of October 4, 2022, this party has defaulted on the appeal for failure to
timely serve and file notice as required by California Rules of Court rule
8.121.
On
September 27, 2022, Plaintiff/Judgment Creditor Hollywood Garden, LLC filed its
Application and Order for Appearance and Examination against Defendant/Judgment
Debtor Ji Li. No proof of service was filed with the Application.
On
November 3, 2022, Plaintiff/Judgment Creditor filed another Application and
Order for Appearance and Examination against Defendant/Judgment Debtor.
Plaintiff/Judgment Creditor concurrently filed its Proof of Service.
ANALYSIS:
I.
Legal Standard
Code of Civil Procedure section
708.120, subdivision (a) provides:
“Upon ex parte application by a
judgment creditor who has a money judgment and proof by the judgment creditor
by affidavit or otherwise to the satisfaction of the proper court that a third
person has possession or control of property in which the judgment debtor has
an interest or is indebted to the judgment debtor in an amount exceeding two
hundred fifty dollars ($250), the court shall make an order directing the third
person to appear before the court, or before a referee appointed by the court,
at a time and place specified in the order, to answer concerning such property
or debt. The affidavit in support of the judgment creditor's application may be
based on the affiant's information and belief.”
“Not less than 10 days prior to the
date set for examination, a copy of the order shall be: (1) Served personally
to the third person[;] (2) Served personally or by mail on the judgment
debtor.” (Code Civ. Proc., § 708.120, subd. (b).)
“An order made pursuant to
subdivision (a) shall contain the following statements in 14-point boldface
type if printed or in capital letters if typed:
. . .
(2) ‘NOTICE TO JUDGMENT DEBTOR.
The person in whose favor the judgment was entered in this action claims that
the person to be examined pursuant to this order has possession or control of
property which is yours or owes you a debt. This property or debt is as
follows: (Description of property or debt). If you claim that all or any
portion of this property or debt is exempt from enforcement of the money
judgment, you must file your exemption claim in writing with the court and
personally serve a copy on the judgment creditor not later than three days
before the date set for the examination. You must appear at the time and place
set for this examination to establish your claim of exemption or your exemption
may be waived.’” (Code Civ. Proc., § 708.120, subd. (e)(2).)
II.
Discussion
Judgment Creditor applies for an
order for Judgment Debtor to appear for examination. (Application, ¶¶ 1, 4,
5.a.) Judgment Creditor attaches a Proof of Service to his Application, which
avers that Judgment Debtor has been served.
The Court finds
that Judgment Debtor was properly served.
The Court GRANTS Judgment
Creditor’s Application and Order for Appearance and Examination.
III.
Conclusion
Judgment Creditor’s Application and
Order for Appearance and Examination is GRANTED.