Judge: Teresa A. Beaudet, Case: 21STCV41062, Date: 2023-03-22 Tentative Ruling

Case Number: 21STCV41062    Hearing Date: March 22, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Plaintiffs and judgment creditors The Kuhn Foundation; Adam Kuhn, Trustee on behalf of the Fallwater Trust; Expert Dojo, Inc.; and Alessco, Inc., Defined Benefit Plan (collectively, “Plaintiffs”) apply for an order for appearance and examination of third party Adam Alson, individually and on behalf of Big League Pillows LLC (“Alson”).

The Court notes that Plaintiffs failed to attach a copy of the judgment to the application. (LASC Rule 3.221(a).)

In addition, the Court notes that pursuant to Code of Civil Procedure section 708.120, subdivision (a), “[u]pon 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 Declaration of Jessica Taran in support of Plaintiffs’ application for order for appearance and examination of Alson does not satisfy the requirements of Code of Civil Procedure section 708.120, subdivision (a).  

            The Court also notes that pursuant to Code of Civil Procedure section 708.120, subdivision (e)(2), “[a]n 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.’” (Emphasis added.) The Court notes that

the property or debt is not described here in Plaintiffs’ Form EJ-125. 

Based on the foregoing, the application is denied without prejudice. 

DATED:  March 22, 2023                              ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court