California Court of Appeals, Second District, Sixth Division
Kellegrew, Judge Superior Court County Super. Ct. No.
56-2012-00413479-CU-CO-VTA of Ventura
Cook & Thel and Francis T. Donohue III for Defendant and
& Seltzer, Barak Lurie and Michael J. Conway for
Plaintiff and Respondent.
GILBERT, P. J.
conclude, among other things, that the scope of questions
asked by a judgment creditor in a third party judgment debtor
examination may include the location of assets no longer in
the possession of the third party. (Code Civ. Proc.
§§ 708.120, 708.130, 187.) Appellant wishes to
appeal from a post-judgment discovery order arising from such
a third party judgment debtor examination.
acknowledges that the order may not be appealable. It is not.
We accommodate the request to treat the matter as a petition
for writ of mandate. We deny the petition.
Inc. obtained a $1, 892, 835 judgment against Kahl &
Goveia Commercial Real Estate (KGCRE); Rocklin Covenant
Group, LP (Rocklin); and K&G / Seabridge II, LLC
(K&G) in an action involving a breach of lease. We
reversed the judgment against KGCRE and affirmed in all other
respects. (Gietzen v. Goveia (Mar. 30, 2016,
B255925) [nonpub. opn.].)
managed shopping centers owned, in part, by Joseph Goveia and
Bruce Kahl. Goveia and Kahl were principals in KGCRE. In
spite of earning $774, 000 per year in fees, KGCRE claimed it
was insolvent and shut down operations in August 2013.
created a new property management company, Seabridge Property
Services (SPS). KGCRE's assets were transferred to SPS
along with its key employees.
those employees who transferred from KGCRE to SPS is Joseph
Goveia's brother, James Goveia. James was an accountant
for KGCRE and serves SPS in that same capacity.
January 2016, Yolanda's obtained an order requiring the
person most knowledgeable for KGCRE to appear as a third
party witness for a judgment debtor's examination. James
Goveia was designated as the person most knowledgeable (PMK).
also issued a subpoena to produce documents in the
debtor's examination. James Goveia produced a document
showing a transfer of a Mercedes Benz owned by KGCRE to Kahl
and his wife for the forgiveness of an alleged debt. James
also produced two bills of sale transferring four vehicles
and other items including three leases and all goods,
furniture and equipment from KGCRE to Joseph Goveia.
the examination, James Goveia acknowledged the assets listed
in the documents were transferred to Kahl and Joseph Goveia.
But James's counsel instructed him not to answer
questions about where those assets are located. He claimed