United States Of America v. Sanchez
Filing
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ORDER DENYING APPLICATION FOR JUDGMENT DEBTOR EXAMINATION. Signed by Judge Richard Seeborg on 11/18/11. (cl, COURT STAFF) (Filed on 11/18/2011)
*E-Filed 11/18/11*
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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UNITED STATES OF AMERICA,
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For the Northern District of California
United States District Court
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No. C 11-80009 RS
Plaintiff,
ORDER DENYING APPLICATION
FOR JUDGMENT DEBTOR
EXAMINATION
v.
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LUIS E. SANCHEZ,
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Defendant.
____________________________________/
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Plaintiff United States of America registered with the Clerk of this Court the default
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judgment against defendant Luis Sanchez entered by a district court in the Central District of
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California. The United States subsequently filed an application seeking an order requiring Sanchez
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to appear for a judgment debtor examination at the district court in Oakland, California. Pursuant to
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Federal Rule of Civil Procedure 69(a)(1): “The procedure on execution—and in proceedings
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supplementary to and in aid of judgment or execution—must accord with the procedure of the state
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where the court is located, but a federal statute governs to the extent it applies.” In California, a
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court may not require a debtor to attend an examination outside the county in which he or she
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resides or has a place of business, unless the court is located within 150 miles of the person’s
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residence or place of business. See Cal. Code Civ. Proc. § 708.160(b).
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NO. C 11-80009 RS
ORDER DENYING APPLICATION
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In the declaration in support of its application, the United States submits only that Sanchez
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resides “in the County of Los Angeles within 150 miles of the place of examination.” Based on this
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information, the Court may not order Sanchez to appear in the Northern District of California.
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Moreover, when the debtor resides in the same county in which the judgment is entered, the proper
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court for the examination is the one that entered judgment. See Cal. Code Civ. Proc. § 708.160(a).
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Accordingly, the application for an order requiring Sanchez to appear for a judgment debtor
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examination is denied.
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IT IS SO ORDERED.
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For the Northern District of California
United States District Court
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Dated: 11/18/11
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE
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NO. C 11-80009 RS
ORDER DENYING APPLICATION
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