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Gutierrez v. Vantia Properties, LLC

United States District Court, E.D. California

February 12, 2015

NATIVIDAD GUTIERREZ, Plaintiff,
v.
VANTIA PROPERTIES, LLC, et al., Defendants.

ORDER FOR APPEARANCE AND EXAMINATION OF JUDGMENT DEBTOR VANTIA PROPERTIES (Doc. 49)

SHEILA K. OBERTO, Magistrate Judge.

I. INTRODUCTION

On June 16, 2014, judgment was entered against Defendant Vantia Properties, LLC, and in favor of Plaintiff Natividad Gutierrez, and judgment was issued accordingly. (Docs. 43; 44.) A request for issuance of an abstract of judgment was submitted by Plaintiff against Defendant Vantia Properties, LLC, in the amount of $12, 157.05. (Doc. 45.) An Abstract of Judgment was issued against Vantia Properties, LLC, on June 20, 2014, for $12, 157.05. (Doc. 46.)

On February 5, 2015, Plaintiff filed an application and request for an order for the appearance and examination of judgment debtor Vantia Properties, LLC. (Doc. 49.) For the reasons set forth below, one or more officers, directors, managing agents, or other persons who are familiar with its property and debts of judgment debtor Vantia Properties, LLC, are ordered to appear personally on Wednesday, March 18, 2015, at 10:00 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 Plaintiff/judgment debtor's real and personal property.

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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