Delgado v. Sadik

Filing 34

ORDER For Appearance and Examination of Judgment Debtor Juan Galindo, signed by Magistrate Judge Sheila K. Oberto on 4/6/2012. (IT IS HEREBY ORDERED that: 1. Defendant/judgment debtor Juan Galindo shall appear personally on Wednesday, 5/9/2012, at 9:30 a.m. in Courtroom 7 of the United States District Courthouse,located at 2500 Tulare Street, Fresno, California, 93721, to answer questionsconcerning Defendant/judgment debtor Juan Galindo's real and personal property; and 2. Plaintiff/judgment creditor must serve this order upon Juan Galindo personally not less than 10 days before the date set for the examination and must file a certificate of such service with the Court.)(Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL DELGADO,

CASE NO. 1:11-cv-00379-LJO-SKO

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Plaintiff,

ORDER FOR APPEARANCE AND
EXAMINATION OF JUDGMENT
DEBTOR JUAN GALINDO

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v.
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(Doc. 30)
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ALI SADIK, dba Bulter Mini Mart; JUAN
GALINDO, dba Bulter Mini Mart,

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Defendants.
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/
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I.

INTRODUCTION

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On January 17, 2012, the Court entered judgment against Defendant Juan Galindo. (Docs.

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27, 28.) On March 29, 2012, Plaintiff filed a request for the issuance of an abstract of judgment,

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which was issued by the Court on April 2, 2012. (Docs. 29, 32.) On March 29, 2012, Plaintiff filed

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an ex parte application seeking a court order requiring the appearance and examination of judgment

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debtor Juan Galindo on May 9, 2012. (Doc. 30.)

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II.

DISCUSSION

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Pursuant to Federal Rule of Civil Procedure 69(a)(1), "[t]he procedure on execution – and

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in proceedings supplementary to and in aid of judgment or execution – must accord with the

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procedure of the state where the court is located, but a federal statute governs to the extent it

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applies."

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In turn, California Code of Civil Procedure § 708.160 provides, in relevant part:

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(a) Except as otherwise provided in this section, the proper court for examination of

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a person under this article is the court in which the money judgment is entered.

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(b) A person sought to be examined may not be required to attend an examination
before a court located outside the county in which the person resides or has a place
of business unless the distance from the person's place of residence or place of
business to the place of examination is less than 150 miles.

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(c) If a person sought to be examined does not reside or have a place of business in
the county where the judgment is entered, the superior court in the county where the
person resides or has a place of business is a proper court for examination of the
person.

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Cal. Civ. Proc. Code §§ 708.160(a)-(c).

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Plaintiff's application sets forth the showing required by Federal Rule of Civil Procedure
69(a)(2) and the applicable provisions of the California Code of Civil Procedure § 708.160.

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III.

CONCLUSION

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Defendant/judgment debtor Juan Galindo shall appear personally on Wednesday,

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May 9, 2012, at 9:30 a.m. in Courtroom 7 of the United States District Courthouse,

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located at 2500 Tulare Street, Fresno, California, 93721, to answer questions

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concerning Defendant/judgment debtor Juan Galindo's real and personal property;

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and

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2.

Plaintiff/judgment creditor must serve this order upon Juan Galindo personally not

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less than 10 days before the date set for the examination and must file a certificate

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of such service with the Court.

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NOTICE TO JUDGMENT DEBTOR: IF YOU FAIL TO APPEAR AT THE TIME

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AND PLACE SPECIFIED IN THIS ORDER, YOU MAY BE SUBJECT TO ARREST AND

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PUNISHMENT FOR CONTEMPT OF COURT AND THE COURT MAY MAKE AN

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ORDER REQUIRING YOU TO PAY THE REASONABLE ATTORNEY'S FEES

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INCURRED BY THE JUDGMENT CREDITOR IN THIS PROCEEDING.

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IT IS SO ORDERED.

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Dated:
ie14hj

April 6, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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