Judge: Nathan Vu, Case: 30-2019-01045528, Date: 2022-10-31 Tentative Ruling

Please Note: The hearing on this matter has been changed to 8:30 A.M.

Motions to Compel

Century Recovery, LLC’s motion to compel the production of documents in response to the four post-judgment requests for the production of documents served upon Defendants and Judgment Debtors Don Jensen, Esther Jensen, J&L Investments, LLC, and Jensen RE Group, LLC is GRANTED.

Defendants and Judgment Debtors Don Jensen, Esther Jensen, J&L Investments, LLC, and Jensen RE Group, LLC are ORDERED to produce all non-privileged documents responsive to Century Recovery, LLC’s four post-judgment requests for the production of documents within 30 days of service of the notice of ruling.

Defendants and Judgment Debtors Don Jensen, Esther Jensen, J&L Investments, LLC, and Jensen RE Group, LLC are ORDERED to pay, jointly and severally, sanctions in the amount of $1,072.50 to Century Recovery, LLC within 30 days of service of the notice of ruling.

Century Recovery, LLC, the assignee of the judgment in this case, (Assignee) moves to compel the production of documents in response to four post-judgment requests for the production of documents served upon Defendants and Judgment Debtors Don Jensen, Esther Jensen, J&L Investments, LLC, and Jensen RE Group, LLC (Judgment Debtors).

Civil Procedure Code section 708.030(a) states that:

The judgment creditor may demand that any judgment debtor produce and permit the party making the demand, or someone acting on that party's behalf, to inspect and to copy a document that is in the possession, custody, or control of the party on whom the demand is made in the manner provided in Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4, if the demand requests information to aid in enforcement of the money judgment. The judgment debtor shall respond and comply with the demand in the manner and within the time provided by Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4.

(Civil Proc. Code, § 708.030, subd. (a).)

If the judgment debtor fails to timely respond, the judgment creditor may bring a motion to compel a response. (See Civ. Proc. Code, § 2031.300; SCC Acquisitions, Inc. v. Superior Ct. (2015) 243 Cal. App. 4th 741, 753 [trial court had authority under section 708.030 to compel production of documents in judgment debtor's possession, custody, and control].)

Assignee has established that it served requests for production pursuant to Section 708.030. Assignee has also shown that Judgment Debtors failed to respond to the requests for production and, despite two follow up attempts by counsel, have continued to fail to respond to the requests. It is therefore appropriate to grant the motions to compel.

The Civil Procedure Code requires the court to impose monetary sanctions against a party, person, or attorney who unsuccessfully makes or opposes a motion to compel “unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Civil Proc. Code, § 2031.300, subd. (c).)

There is nothing to show that Judgment Debtors acted with substantial justification or that the circumstances make the imposition of a sanction unjust. The amount of sanctions requested by Assignee is reasonable. The court will therefore order sanctions.

Assignee shall give notice of this ruling.