International Brotherhood of Electrical Workers Union et al v. High Performance Electric Inc. et al

Filing 22

ORDER GRANTING MOTION for Judgment Debtor Exam filed by International Brotherhood of Electrical Workers Un Local 234 Electrical Workers Health & Welfare Trust Fund, et al 21 . Judgment Debtor Exam set for 4/6/2016 10:00 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 2/5/2016. (lmh, COURT STAFF) (Filed on 2/5/2016)

Richard K. Grosboll, State Bar No. 99729
Lois H. Chang, State Bar No. 278146
NEYHART, ANDERSON, FLYNN & GROSBOLL
369 Pine Street, Suite 800
San Francisco, CA 94104
Tel. [phone]
Fax [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
(San Jose Division)
INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS UNION, LOCAL 234 ELECTRICAL
WORKERS HEALTH & WELFARE TRUST FUND;
LOCAL 234 OF THE INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, AFLCIO, NATIONAL ELECTRICAL CONTRACTORS
ASSOCIATION (MONTEREY BAY CALIFORNIA
CHAPTER); NATIONAL ELECTRICAL BENEFIT
FUND; INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS UNION, LOCAL 234
EDUCATIONAL AND TRAINING FUND;
ADMINISTRATIVE MAINTENANCE FUND (NECA,
MONTEREY BAY CALIFORNIA CHAPTER);
INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS DISTRICT 9 PENSION PLAN; NECA-IBEW
NATIONAL LABOR-MANAGEMENT COOPERATION
FUND; and ANDY HARTMANN, as Trustee of each of the
Plaintiff Trusts except the National Electrical Benefit Fund,
Administrative Maintenance Fund, Pension Fund, and
National Labor-Management Cooperation Fund and
Business Manager of IBEW Local 234,
Plaintiffs,
v.
HIGH PERFORMANCE ELECTRIC, INC., a California
Corporation; DANIEL RAMIRO LOZANO, an individual;
and MICHELLE SUSAN LOZANO, an individual ;
Defendants.
ORDER
IT IS HEREBY ORDERED as follows:
(continued on next page)

Case No. 15-cv-03234 EJD (NC)
ORDER FOR
APPEARANCE AND
EXAMINATION OF
JUDGMENT DEBTOR

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

AT-138, EJ-125

Richard K. Grosboll (SBN 099729), Lois H. Chang (SBN 278146)
Neyhart, Anderson, Flynn & Grosboll
369 Pine Street, Suite 800
San Francisco, CA 94104
TELEPHONE NO.: 415-677-6440
FAX NO.: 415-677-9445
ATTORNEY FOR (Name): PLAINTIFFS

FOR COURT USE ONLY

U.S. District Court, Northern District of California
280 South 1st Street
st
MAILING ADDRESS: 280 South 1 Street
CITY AND ZIP CODE: San Jose, CA 95113
BRANCH NAME:
San Jose Division
PLAINTIFF: IBEW Local 234 Health & Welfare Trust Fund, et al.
NAME OF COURT:

STREET ADDRESS:

DEFENDANT: High

Performance Electric, Inc., et al.

APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION
X

CASE NUMBER:

15-cv-03234 EJD (NC)

ENFORCEMENT OF JUDGMENT
ATTACHMENT (Third Person)
X Judgment Debtor
Third Person

ORDER TO APPEAR FOR EXAMINATION
1.
2.

TO (name): MICHELLE LOZANO, on behalf of High Performance Electric, Inc. and as an Individual
YOU ARE ORDERED TO APPEAR personally before this court, or before a referee appointed by the court, to
a. X furnish information to aid in enforcement of a money judgment against you.
b. X answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the judgment
debtor.
answer concerning property of the defendant in your possession or control or concerning a debt you owe the defendant that
c.
is subject to attachment.
Date: April 6, 2016
Address of court
X

3.

Dept. or Div.:

Time: 10:00 am
shown above
is:

Rm.: Courtroom 7, 4th Floor

This order may be served by a sheriff, marshal, registered process server, or the following specially appointed person (name ):

Date:

February 5, 2016

JUDGE OR REFEREE

This order must be served not less than 10 days before the date set for the examination.

IMPORTANT NOTICES ON REVERSE
APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION
1. X

Judgment creditor
Assignee of record
Plaintiff who has a right to attach order
Electric, inc. and as an Individual
applies for an order requiring (name): Michelle Lozano, on behalf of High Performance
to appear and furnish information to aid in enforcement of the money judgment or to answer concconcerning property or debt.
2. The person to be examined is
a. X the judgment debtor.
b.
a third person (1) who has possession or control of property belonging to the judgment debtor or the defendant or (2) who
owes the judgment debtor or the defendant more than $250. An affidavit supporting this application under Code of Civil
Procedure section 491.110 or 708.120 is attached.
3. The person to be examined resides or has a place of business in this county or within 150 miles of the place of examination.
4.
This court is not the court in which the money judgment is entered or (attachment only) the court that issued the writ of
attachment. An affidavit supporting an application under Code of Civil Procedure section 491.150 or 708.160 is attached.

5.

The judgment debtor has been examined within the past 120 days. An affidavit showing good cause for another examination
is attached.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: 2/5/2016
______________Lois H. Chang_______________________

_______________/s/ Lois H. Chang ___________________

(TYPE OR PRINT NAME)

(SIGNATURE OF DECLARANT)
(Continued)

Form Adopted for Mandatory Use
Judifical Council of California

APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION

(Attachment – Enforcement of Judgment)

Code of Civil Procedure

§§ 491.110, 708.110, 708.120

APPEARANCE OF JUDGMENT DEBTOR (ENFORCEMENT OF JUDGMENT)
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 fees incurred by the judgment creditor in this proceeding.

APPEARANCE OF A THIRD PERSON (ENFORCEMENT OF JUDGMENT)
(1) NOTICE TO PERSON SERVED 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 fees incurred by the judgment creditor in this
proceeding.
(2) NOTICE TO JUDGMENT DEBTOR The person in whose favor the judgment was entered in this
action claims that the person to be examined pursuant to this order has possession or control of
property which is yours or owes you a debt. This property or debt is as follows (Describe the
property or debt using typewritten capital letters):
$197,368.29 owed by Judgment Debtor to Judgment Creditor pursuant to Judgment obtained in the United States
District Court, Northern District of California on July 30, 2015.
If you claim that all or any portion of this property or debt is exempt from enforcement of the money
judgment, you must file your exemption claim in writing with the court and have a copy personally served
on the judgment creditor not later than three days before the date set for the examination.
You must appear at the time and place set for the examination to establish your claim of exemption or
your exemption may be waived.

APPEARANCE OF A THIRD PERSON (ATTACHMENT)
NOTICE TO PERSON SERVED 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 fees incurred by the plaintiff in this proceeding.

APPEARANCE OF A CORPORATION, PARTNERSHIP,
ASSOCIATION, TRUST, OR OTHER ORGANIZATION
It is your duty to designate one or more of the following to appear and be examined: officers,
directors, managing agents, or other persons who are familiar with your property and debts.

AT-138, EJ-125 (Rev. July 1,2000)

APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION

(Attachment – Enforcement of Judgment)

Page two

IT IS SO ORDERED.

2

RT

8

NO

7

thanael M
Judge Na

ER

10

A

H

9

. Cousins

R NIA

6

_____________________________________________
HONORABLE NATHANAEL COUSINS
TED
GRAN
U.S. MAGISTRATE JUDGE

FO

5

February 5, 2016
Dated: _______________

UNIT
ED

4

RT
U
O

S

3

S DISTRICT
TE
C
TA

LI

1

N

F
D IS T IC T O
R

C

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
NEYHART, 28
ANDERSON,
FLYNN &
GROSBOLL
ATTORNEYS AT LAW

-4[Proposed] ORDER
Case No. 15-cv-03234-EJD (NC)