van Riel v. Leone et al

Filing 16

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/23/2021 DENYING 9 Application and Order for Appearance and Examination without prejudice to renewal upon the filing of the affidavit described in California Code of Civil Procedure 708.160(d)(2). (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Teun van Riel, et al.,

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No. 2:17-mc-00114-KJM-CKD
Plaintiffs,

ORDER

v.
Rudolph Leone, et al.,
Defendants.

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Teun van Riel, Teun Van Riel Horse Supplements, and Equine Industry B.V. apply for an

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order for appearance and examination of Rudolph Leone to aid in the enforcement of a money

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judgment. ECF No. 9. That judgment was entered in their favor in another case in the Central

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District of California several years ago. See Judgment, Teun Van Riel Horse Supplements v. Juan

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Ayora, No. 8:12-cv-01496-JVS (C.D. Cal. Oct. 26, 2016), ECF No. 241.

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Federal Rule of Civil Procedure 69(a)(2) permits a judgment creditor to obtain discovery

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“from any person—including the judgment debtor—as provided in these rules or by the procedure

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of the state where the court is located.” The applicants here appear to seek discovery under the

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California rules; their filing is a form adopted by the Judicial Council of California. See ECF

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No. 9. The California rules allow judgment creditors to apply for an order requiring a judgment

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debtor to appear and “furnish information to aid in enforcement of [a] money judgment.” Cal.

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Code Civ. P. § 708.110(a). Ordinarily, “the proper court for examination of a person under [that
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section] is the court in which the money judgment is entered.” Id. § 708.160(a). But a judgment

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creditor may seek an examination in another court, as is the case here. See id. § 708.160(d). If it

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does, the judgment creditor’s application must include several documents. See id.

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First, the applicant must file an abstract of judgment. See id. § 708.160(d)(1). The

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applicants here have filed a certification of the judgment by the Clerk’s Office in the Central

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District of California and a copy of the judgment. ECF No. 1. The Clerk of this court has also

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filed an abstract of judgment. ECF No. 15. The court finds these filings satisfy the requirement

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of California Code of Civil Procedure section 708.160(d)(1).

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Second, the applicant must file “[a]n affidavit in support of the application stating the

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place of residence or place of business of the person sought to be examined.” Cal. Code Civ. P.

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§ 708.160(d)(2). The application here does not attach such an affidavit.

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Third, the application must file “[a]ny necessary affidavit or showing for the examination

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as required by Section 708.110 or 708.120.” Id. § 708.160.(d)(3). Section 708.110 requires an

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applicant to show “good cause” if the judgment creditor has caused the judgment debtor to be

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examined within the previous 120 days. Id. § 708.110(b). Section 708.120 imposes requirements

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when property is in possession of a third party. Nothing in this record suggests any examination

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has occurred within the previous 120 days or that any relevant property is in possession of a third

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party. The court thus finds the applicants have satisfied the requirements of California Code of

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Civil Procedure section 708.160(d)(3).

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Fourth, the applicant must pay “[t]he filing fee for a motion as provided in subdivision (a)

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of Section 70617 of the Government Code.” The court finds the applicant’s payment of the filing

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fee for actions in this District satisfies this requirement.

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The application is therefore denied without prejudice to renewal upon the filing of the
affidavit described in California Code of Civil Procedure 708.160(d)(2).

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This order resolves ECF No. 9.

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IT IS SO ORDERED.

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DATED: March 23, 2021.

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