Joe Hand Promotions, Inc. v. Vizcarra

Filing 12

ORDER granting 11 ex parte application and authorizing process server to levy execution pursuant to California Code of Civil Procedure 699.080. Signed by Judge Thomas J. Whelan on 12/06/10. (jpp)

-NLS Joe Hand Promotions, Inc. v. Vizcarra

Doc. 12

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 On October 28, 2010, the Court granted Plaintiff Joe Hand Promotions, Inc.'s 22 motion for default judgment against Defendants Rolando Vizcarra a/k/a Rolando 23 Vizcarrapayan, individually, and d/b/a/ La Hamaca Botana & Sports Bar, and ordered 24 that a judgment be entered in favor of Plaintiff. (Doc. 9.) On December 3, 2010, 25 Plaintiff filed an ex parte application for an entry of an order authorizing a process server 26 to levy execution pursuant to California Code of Civil Procedure § 699.080. (Doc. 11.) 27 The execution of final judgments is governed by Rule 69(a) of the Federal Rules 28 of Civil Procedure. Pursuant to Rule 69(a), post-judgment enforcement proceedings -110cv1052

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA JOE HAND PROMOTIONS, INC., v. Plaintiff, Case No. 10-CV-1052 W (NLS) ORDER (1) GRANTING EX PARTE APPLICATION [DOC. 11], AND (2) AUTHORIZING PROCESS SERVER TO LEVY EXECUTION PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE § 699.080

ROLANDO VIZCARRA, et al., Defendants.

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1 must comply with California law. Credit Suisse v. U.S. Dist Court for Cent. Dist. of 2 California, 130 F.3d 1342, 1344 (9th Cir. 1997); Hilao v. Estate of Marcos, 95 F.3d 848, 3 850 (9th Cir. 1996). Under California law, a registered process server may levy under 4 a writ of execution on property specified in the California Code of Civil Procedure § 5 699.080(a). A registered process server is a person registered as a process server 6 pursuant to the California Business and Professions Code. Cal. Civ. Proc. Code § 7 481.205 (citing Cal. Bus. & Prof. Code §§ 22350 to 22360). This authority is limited 8 to cases where the levy does not involve the possibility of taking immediate possession 9 of the property. The procedures for a registered process server to properly levy under 10 the writ of execution are set forth in §§ 699.080(b)­(c) of the California Code of Civil 11 Procedure. 12 The Court has reviewed the Declaration of David J. Cook, Esq. The Court finds 13 that Advanced Attorney Services is a registered process server1--having filed a 14 certificate of registration with the County Clerk in San Diego County Superior 15 Court--authorized to perform the services pursuant to California Code of Civil 16 Procedure § 699.080. Furthermore, the Court finds that the use of a private process 17 server would serve the interest of justice in relieving the United States Marshal from 18 effectuating certain types of services necessary to effectuate collection of the judgment 19 in this action. Also, the Court notes that the use of a process server is routine in the 20 enforcement of judgments and is authorized by California law. 21 // 22 // 23 // 24 25 26
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27 County: Jaime Torres (Registration # 1460), and Rodrigo Lora (Registration # 479). (David 28 J. Cook, Esq. Decl., Ex. B ¶¶ 2 & 4 [Doc. 11-2].) -2-

Advanced Attorney Services employs two process servers registered in San Diego

10cv1052

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Accordingly, good cause appearing, the Court GRANTS Plaintiff's ex parte

2 application and HEREBY ORDERS that: 1. Plaintiff may employ the services of Advanced Attorney Services to perform the duties and responsibilities of a levying officer as defined under California Code of Civil Procedure § 699.080; and 2. Advanced Attorney Services shall comply with the requirements of the California Code of Civil Procedure in the enforcement of the judgment, consistent with and in conformity to the California Code of Civil Procedure § 699.080. IT IS SO ORDERED.

15 DATED: December 6, 2010 16 17 18 19 20 21 22 23 24 25 26 27 28 -310cv1052

Hon. Thomas J. Whelan United States District Judge