United States District Court, S.D. California
ORDER GRANTING APPLICATION FOR APPEARANCE AND DEBTOR
EXAMINATION [ECF NO. 21]
JILL L. BURKHARDT UNITED STATES MAGISTRATE JUDGE.
14, 2019, Plaintiff and Judgment Creditor Chris Langer filed
an Application for Appearance and Debtor Examination for
Defendant and Judgment Debtor Chula Vista Rentals, LLC. (ECF
No. 21.) For the reasons set forth below, the Court
GRANTS Judgment Creditor's application.
April 29, 2019, the District Court granted Judgment
Creditor's Motion for Default Judgment and Request to
Affix Attorneys' Fees and Costs and awarded Judgment
Creditor $4, 000 in statutory damages and $4, 972.50 in
attorneys' fees and costs. (ECF No. 12 at 11.)
2, 2019, Judgment Creditor filed an Application for
Appearance and Debtor Examination (ECF No. 17), which the
Court denied without prejudice (ECF No. 20). On July 14,
2019, Judgment Creditor filed the instant Application for
Appearance and Debtor Examination. (ECF No. 21.) Counsel for
Judgment Creditor declares under penalty of perjury that the
judgment issued on April 29, 2019, for $8, 972.50 has not
been paid. (Id. ¶¶ 2-3.)
Rule of Civil Procedure 69 authorizes federal courts to
enforce a money judgment by writ of execution. Fed.R.Civ.P.
69(a)(1). “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.” Id. Accordingly, in ruling
on Judgment Creditor's motion, the Court follows
California's statutory provisions for the enforcement of
judgments, known collectively as the Enforcement of Judgments
Law, as set forth in California Code of Civil Procedure
§§ 680.010 through 724.260.
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., 39 Cal.Rptr.2d 432, 437 (Ct. App.
1995). Debtor examinations are intended “to allow the
judgment creditor a wide scope of inquiry concerning property
and business affairs of the judgment debtor, ”
Hooser v. Superior Court, 101 Cal.Rptr.2d 341, 345
(Ct. App. 2000), disapproved on other grounds by Williams
v. Superior Court, 3 Cal. 5th 531 (2017), and “to
leave no stone unturned in the search for assets which might
be used to satisfy the judgment, ” Troy v. Superior
Court, 231 Cal.Rptr. 108, 112 (Ct. App. 1986).
Code of Civil Procedure § 708.110 provides:
(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 the 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 of otherwise shows good cause for the order. The
application shall be made on noticed motion if the court so
directs or a court rule so requires. Otherwise, it may be
made ex parte.
(d) The judgment creditor shall personally serve a copy of
the order on the judgment debtor not less than 10 days before
the date set for examination. Service shall be made in the
manner specified in Section 145.10. Service of the order
creates a lien on the personal property of the judgment
debtor for a period of one ...