Trustees of the Western States Income Security Fund et al v. Blanchfield et al

Filing 45

ORDER for APPEARANCE and EXAMINATION OF JUDGMENT DEBTOR JOHN BLANCHFIELD. Defendant/judgment debtor John David Blanchfield shall appear personally on Wednesday, 1/21/2015, at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto at t he 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 Defendant/judgment debtors real and person property; Pl aintiffs/judgment creditors must serve this order upon Defendant/judgment debtor John David Blanchfield personally not less than ten (10) days before the date set for the examination and must file a certificate of such service with the Court; and if Plaintiffs/judgment creditors are unable to effectuate personal service on Defendant/judgment debtor John David Blanchfield within the required time, Plaintiffs/judgment creditors must file notice with the Court by no later than nine (9) days before the date set for the examination and inform the Court that the examination hearing must be taken off calendar. Order signed by Magistrate Judge Sheila K. Oberto on 12/18/2014. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TRUSTEES OF THE WESTERN STATES
INCOME SECUTIRY FUND and GRAPHIC
COMMUNICATIONS ITNERNATIONAL
UNION EMPLOYER RETIREMENT FUND,

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Case No. 1:12-cv-01886-LJO-SKO
ORDER FOR APPEARANCE AND
EXAMINATION OF JUDGMENT
DEBTOR JOHN BLANCHFIELD

Plaintiff,
(Doc. 43)
v.

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JOHN BLANCHFIELD, individually, and
CA-JON, INC., doing business as Peerless
Printers,
Defendants.
_____________________________________/

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I.

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INTRODUCTION

On April 5, 2013, Plaintiffs Graphic Communications International Union Employer

21 Retirement Fund and Trustees of the Western States Income Security Fund (“Plaintiffs”) and
22 Defendants John David Blanchfield and CA-JON, Inc. (“Defendants”) filed a Stipulation and
23 Proposed Order for Entry of Judgment. (Doc. 27.) The Court approved the parties’ stipulation on
24 that same day, and judgment was entered against Defendants jointly and severally in the total sum
25 of $10,493.72. (Doc. 28.)
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On June 11, 2013, Plaintiffs requested issuance of abstracts of judgment against

27 Defendants (Docs. 35, 36), which were issued that same day for a combined amount of $11,003.74
28 (Docs. 37, 38). On September 4, 2014, Plaintiffs requested the issuance of a writ of execution.

1 (Doc. 41.) On October 14, 2014, the Court issued the writ of execution. (Doc. 42.)
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On December 4, 2014, Plaintiffs filed an application and request for an order for the

3 appearance and examination of judgment debtor John David Blanchfield. (Docs. 43-44.) For the
4 reasons set forth below, John David Blanchfield is ordered to appear personally on Wednesday,
5 January 21, 2015, at 9:30 a.m. in Courtroom 7 of the United States District Courthouse, located at
6 2500 Tulare Street, Fresno, California, 93721, to furnish information to aid in enforcement of a
7 money judgment by answering questions about the Defendant/judgment debtor's real and person
8 property.1
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II.

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DISCUSSION

Federal Rule of Civil Procedure 69 governs enforcement of judgment proceedings in

11 federal courts. Hilao v. Estate of Marcos, 95 F.3d 848, 851 (9th Cir. 1996). Rule 69(a) provides:
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(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.

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(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.

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18 Fed. R. Civ. P. 69(a)(1)-(2).
Judgment debtor proceedings under California law “permit the judgment creditor to

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20 examine the judgment debtor, or third persons who have property of or are indebted to the
21 judgment debtor, in order to discover property and apply it toward the satisfaction of the money
22 judgment.” Imperial Bank v. Pim Elec., Inc., 33 Cal. App. 4th 540, 546-47; see also Cal. Civ.
23 Proc. Code, §§ 708.110-708.205. All assets of a judgment debtor are subject to enforcement. Cal.
24 Civ. Proc. Code, § 695.010 (a).
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California Code of Civil Procedure § 708.110 provides in relevant part:

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(a) The judgment creditor may apply to the proper court for an order requiring

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Plaintiffs had set the debtor examination hearing for Monday, January 19, 2015, at 8:30 a.m.; however, as
Magistrate Judge Sheila K. Oberto holds law and motion calendars on Wednesdays, the hearing is being reset to the
following Wednesday, January 21, 2015.

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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 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 year from the date of the order unless extended or sooner terminated by the
court.
(e) The order shall contain the following statement in 14-point boldface type if
printed or in capital letters if typed: “NOTICE TO JUDGMENT DEBTOR. If
you fail to appear at the time and place specified in this order, you may be subject
to arrest and punishment for contempt of court and the court may make an order
requiring you to pay the reasonable attorney's fees incurred by the judgment
creditor in this proceeding.”

16 Cal Civ. Proc. Code § 708.110(a)-(e).
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California Code of Civil Procedure § 708.160(a) also provides that “[e]xcept as otherwise

18 provided in this section, the proper court for examination of a person under this article is the court
19 in which the money judgment is entered.” Cal. Civ. Proc. Code, § 708.160(a). Here, judgment
20 was entered by this Court on June 11, 2013. (Docs. 37, 38.) Plaintiffs’ efforts at collection,
21 including a bank levy, have only recovered $7,445.04 of the debt, leaving a remaining balance of
22 $3,558.70 plus $2.88 per day in accrued interest. (Doc. 43, 2.) Plaintiffs have not yet examined
23 Defendant John David Blanchfield in this action (Doc. 43, 2), therefore the Court may issue an
24 order for examination ex parte. Cal. Civ. Proc. Code, § 708.110(b).
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As such, Plaintiffs’ application sets forth the showing required by Federal Rule of Civil

26 Procedure 69(a)(2) and the applicable provisions of the California Code of Civil Procedure
27 §§ 708.110 and 708.160.
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III.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

CONCLUSION AND ORDER

Defendant/judgment debtor John David Blanchfield shall appear personally on

4 Wednesday, January 21, 2015, at 9:30 a.m. in Courtroom 7 of the United States District
5 Courthouse, located at 2500 Tulare Street, Fresno, California, 93721, to furnish information to aid
6 in enforcement of a money judgment by answering questions about the Defendant/judgment
7 debtor’s real and person property;
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2.

Plaintiffs/judgment creditors must serve this order upon Defendant/judgment

9 debtor John David Blanchfield personally not less than ten (10) days before the date set for the
10 examination and must file a certificate of such service with the Court; and
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3.

If Plaintiffs/judgment creditors are unable to effectuate personal service on

12 Defendant/judgment debtor John David Blanchfield within the required time, Plaintiffs/judgment
13 creditors must file notice with the Court by no later than nine (9) days before the date set for the
14 examination and inform the Court that the examination hearing must be taken off calendar.
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NOTICE TO JUDGMENT DEBTOR. IF YOU FAIL TO APPEAR AT THE TIME AND

16 PLACE SPECIFIED IN THIS ORDER, YOU MAY BE SUBJECT TO ARREST AND
17 PUNISHMENT FOR CONTEMPT OF COURT AND THE COURT MAY MAKE AN ORDER
18 REQUIRING YOU TO PAY THE REASONABLE ATTORNEY'S FEES INCURRED BY THE
19 JUDGMENT CREDITOR IN THIS PROCEEDING.2
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IT IS SO ORDERED.
Dated:

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December 18, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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This notice is furnished pursuant to California Code of Civil Procedure § 708.110(e).

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