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United States of America v. Luis E. Sanchez

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


November 18, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LUIS E. SANCHEZ, DEFENDANT.

The opinion of the court was delivered by: Richard Seeborg United States District Judge

*E-Filed 11/18/11*

United States District court For the Northern District of California

ORDER DENYING APPLICATION FOR JUDGMENT DEBTOR EXAMINATION

Plaintiff United States of America registered with the Clerk of this Court the default 19 judgment against defendant Luis Sanchez entered by a district court in the Central District of 20 California. The United States subsequently filed an application seeking an order requiring Sanchez 21 to appear for a judgment debtor examination at the district court in Oakland, California. Pursuant to Federal Rule of Civil Procedure 69(a)(1): "The procedure on execution-and in proceedings 23 supplementary to and in aid of judgment or execution-must accord with the procedure of the state 24 where the court is located, but a federal statute governs to the extent it applies." In California, a 25 court may not require a debtor to attend an examination outside the county in which he or she 26 resides or has a place of business, unless the court is located within 150 miles of the person's 27 residence or place of business. See Cal. Code Civ. Proc. § 708.160(b). 28

In the declaration in support of its application, the United States submits only that Sanchez 2 resides "in the County of Los Angeles within 150 miles of the place of examination." Based on this 3 information, the Court may not order Sanchez to appear in the Northern District of California. 4

Moreover, when the debtor resides in the same county in which the judgment is entered, the proper 5 court for the examination is the one that entered judgment. See Cal. Code Civ. Proc. § 708.160(a).

Accordingly, the application for an order requiring Sanchez to appear for a judgment debtor 7 examination is denied. 8 9

IT IS SO ORDERED.

20111118

© 1992-2011 VersusLaw Inc.



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