Frungillo v Imperia Entertainment

Filing 35

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/26/16 ORDERING that the judgment debtor examination, set for 11/16/16 is VACATED.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL FRUNGILLO,

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Plaintiff,

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No. 2:14-mc-0047 KJM CKD

v.

ORDER

IMPERIA ENTERTAINMENT, et al.,

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Defendant.

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This matter is currently scheduled for a judgment debtor exam on November 16, 2016.

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The currently scheduled exam is the third judgment debtor exam plaintiff has attempted in this

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District. At the first examination, plaintiff’s counsel indicated that the Quail Lakes Drive address

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listed on the defendant’s website appears to be just a mail drop and that no business is conducted

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there. The proof of service for the current examination indicates that the registered agent for

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service of process was served at a Nevada address. Under California Code of Civil Procedure

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section 708.110, the judgment debtor must be personally served. Plaintiff’s service by Federal

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Express of the order for examination is therefore insufficient.
The court takes judicial notice of the records of the Secretaries of State for California and

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Nevada. There is no Viratech Corp. registered to do business in California. Viratech Corp. is a

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Nevada corporation with all of its officers listed with a Nevada address. Reviewing the record,

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there appears to be no impediment to conducting a judgment debtor examination in Nevada and

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that a judgment debtor examination in this District is improvident.

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Accordingly, IT IS HEREBY ORDERED that the judgment debtor examination, set for

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November 16, 2016, is vacated.

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Dated: October 26, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 frungillo47.jde

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