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Wilson v. City of Fresno

United States District Court, E.D. California

January 30, 2014

LA-KEBBIA WILSON, and TERI McCADA, Plaintiffs,
v.
CITY OF FRESNO, et al., Defendants.

ORDER FOR APPEARANCE AND EXAMINATION OF JUDGMENT DEBTOR TERI McCADA (Doc. 88)

SHEILA K. OBERTO, Magistrate Judge.

I. INTRODUCTION

On December March 29, 2011, summary judgment was granted against Plaintiff Teri McCada and in favor of Defendant City of Fresno, and judgment was issued accordingly. (Doc. 51, 52.) A bill of costs of was submitted by the City of Fresno against Plaintiff Teri McCada, and the Court ordered $4, 491.47 taxed as costs. (Docs. 58, 85.)[1] An abstract of Judgment was issued against Terri McCada on December 10, 2013, for $4, 491.47.

On January 23, 2014, Defendant City of Fresno filed an application and request for an order for the appearance and examination of judgment debtor Teri McCada. (Doc. 88.) Accordingly, Teri McCada is ordered to appear personally on Wednesday, March 12, 2014, at 9:30 a.m. in Courtroom 7 of the United States District Courthouse, located at 2500 Tulare Street, Fresno, California, 93721, to furnish information to aid in enforcement of a money judgment by answering questions about the Defendant/judgment debtor's real and person property.[2]

II. DISCUSSION

Federal Rule of Civil Procedure 69 governs enforcement of judgment proceedings in federal courts. Hilao v. Estate of Marcos, 95 F.3d 848, 851 (9th Cir. 1996). Rule 69(a) provides:

(1) Money Judgment; Applicable Procedure. A money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution - and in proceedings supplementary to and in aid of judgment or execution - must accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies.
(2) Obtaining Discovery. In aid of the judgment or execution, the judgment creditor or a successor in interest whose interest appears of record may obtain discovery from any person-including the judgment debtor-as provided in these rules or by the procedure of the state where the court is located.

Fed. R. Civ. P. 69(a)(1)-(2).

Judgment debtor proceedings under California law "permit the judgment creditor to examine the judgment debtor, or third persons who have property of or are indebted to the judgment debtor, in order to discover property and apply it toward the satisfaction of the money judgment." Imperial Bank v. Pim Elec., Inc., 33 Cal.App.4th 540, 546-47; see also Cal. Civ. Proc. Code §§ 708.110-708.205. All assets of a judgment debtor are subject to enforcement. Cal. Civ. Proc. Code § 695.010 (a).

California Code of Civil Procedure § 708.110 provides in relevant part:

(a) 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.
(b) 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 an order upon ex parte application of the judgment creditor.
(c) 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 ...

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