California Court of Appeals, Second District, Sixth Division
Superior Court of Ventura County, No.
56-2012-00413479-CU-CO-VTA, Kent M. Kellegrew, Judge.
Cook & Thel and Francis T. Donohue III for Defendant and
& Seltzer, Barak Lurie and Michael J. Conway for
Plaintiff and Respondent.
P. J., with Yegan and Perren, JJ., concurring.
Cal.Rptr.3d 626] GILBERT, P. J.
we 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 postjudgment 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.
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
[217 Cal.Rptr.3d 627] ...