Langer v. Chula Vista Rentals, LLC et al

Filing 22

ORDER Granting Application for Appearance and Debtor Examination. For the reasons set forth in this order, the Court grants Judgement Creditor's application. Judgment Debtor Exam set for 10/9/2019 10:00 AM in the Jury Assembly Room, Room 230, to furnish information to aid in enforcement of the money judgment against Judgment Debtor. Signed by Magistrate Judge Jill L. Burkhardt on 7/16/2019.(lrf)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11

CHRIS LANGER,

Case No.: 18-cv-00192-L-JLB
Plaintiff,

12
13
14

ORDER GRANTING APPLICATION
FOR APPEARANCE AND DEBTOR
EXAMINATION

v.
CHULA VISTA RENTALS, LLC,
Defendant.

15
[ECF No. 21]

16
17

On July 14, 2019, Plaintiff and Judgment Creditor Chris Langer filed an Application

18

for Appearance and Debtor Examination for Defendant and Judgment Debtor Chula Vista

19

Rentals, LLC. (ECF No. 21.) For the reasons set forth below, the Court GRANTS

20

Judgment Creditor’s application.

21

I.

BACKGROUND

22

On April 29, 2019, the District Court granted Judgment Creditor’s Motion for

23

Default Judgment and Request to Affix Attorneys’ Fees and Costs and awarded Judgment

24

Creditor $4,000 in statutory damages and $4,972.50 in attorneys’ fees and costs. (ECF No.

25

12 at 11.)

26

On July 2, 2019, Judgment Creditor filed an Application for Appearance and Debtor

27

Examination (ECF No. 17), which the Court denied without prejudice (ECF No. 20). On

28

July 14, 2019, Judgment Creditor filed the instant Application for Appearance and Debtor
1
18-cv-00192-L-JLB

1

Examination. (ECF No. 21.) Counsel for Judgment Creditor declares under penalty of

2

perjury that the judgment issued on April 29, 2019, for $8,972.50 has not been paid. (Id.

3

¶¶ 2–3.)

4
5

II.
A.

DISCUSSION

Applicable Law

6

Federal Rule of Civil Procedure 69 authorizes federal courts to enforce a money

7

judgment by writ of execution. Fed. R. Civ. P. 69(a)(1). “The procedure on execution—

8

and in proceedings supplementary to and in aid of judgment or execution—must accord

9

with the procedure of the state where the court is located, but a federal statute governs to

10

the extent it applies.” Id. Accordingly, in ruling on Judgment Creditor’s motion, the Court

11

follows California’s statutory provisions for the enforcement of judgments, known

12

collectively as the Enforcement of Judgments Law, as set forth in California Code of Civil

13

Procedure §§ 680.010 through 724.260.

14

Judgment debtor proceedings under California law “permit the judgment creditor to

15

examine the judgment debtor, or third persons who have property of or are indebted to the

16

judgment debtor, in order to discover property and apply it toward the satisfaction of the

17

money judgment.” Imperial Bank v. Pim Elec., Inc., 39 Cal. Rptr. 2d 432, 437 (Ct. App.

18

1995). Debtor examinations are intended “to allow the judgment creditor a wide scope of

19

inquiry concerning property and business affairs of the judgment debtor,” Hooser v.

20

Superior Court, 101 Cal. Rptr. 2d 341, 345 (Ct. App. 2000), disapproved on other grounds

21

by Williams v. Superior Court, 3 Cal. 5th 531 (2017), and “to leave no stone unturned in

22

the search for assets which might be used to satisfy the judgment,” Troy v. Superior Court,

23

231 Cal. Rptr. 108, 112 (Ct. App. 1986).

24

California Code of Civil Procedure § 708.110 provides:

25

(a) The judgment creditor may apply to the proper court for an order requiring
the judgment debtor to appear before the court, or before a referee appointed
by the court, at a time and place specified in the order, to furnish information
to aid in enforcement of the money judgment.

26
27
28

///
2
18-cv-00192-L-JLB

1

(b) If the judgment creditor has not caused the judgment debtor to be
examined under this section during the preceding 120 days, the court shall
make the order upon ex parte application of the judgment creditor.

2
3

(c) If the judgment creditor has caused the judgment debtor to be examined
under this section during the preceding 120 days, the court shall make the
order if the judgment creditor by affidavit of otherwise shows good cause for
the order. The application shall be made on noticed motion if the court so
directs or a court rule so requires. Otherwise, it may be made ex parte.

4
5
6
7

(d) The judgment creditor shall personally serve a copy of the order on the
judgment debtor not less than 10 days before the date set for examination.
Service shall be made in the manner specified in Section 145.10. Service of
the order creates a lien on the personal property of the judgment debtor for a
period of one year from the date of the order unless extended or sooner
terminated by the court.

8
9
10
11
12

(e) The order shall contain the following statement in 14-point boldface type
if printed or in capital letters if typed: “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’s fees incurred
by the judgment creditor in this proceeding.”

13
14
15
16
17

Cal. Civ. Proc. Code § 708.110(a)–(e). Additionally, California Code of Civil Procedure

18

§ 491.150(b) provides:

19

(b) A person sought to be examined may not be required to attend an
examination before a court located outside the county in which the person
resides or has a place of business unless the distance from the person’s place
of residence or place of business to the place of examination is less than 150
miles.

20
21
22
23

Cal. Civ. Proc. Code § 491.150(b).

24

B.

Analysis

25

Judgment Creditor requests an order requiring Judgment Debtor Chula Vista

26

Rentals, LLC (Manager Jason Kasid) to appear and furnish information to aid in

27

enforcement of the money judgment. (ECF No. 21 ¶ 4.)

28

///
3
18-cv-00192-L-JLB

1

Judgment Creditor has filed a declaration to establish the requirements of California

2

Code of Civil Procedure § 708.110(a) that Judgment Debtor owes Judgment Creditor an

3

unpaid debt, § 708.110(b) that he has not examined Judgment Debtor within the last 120

4

days, and § 409.150(b) that Judgment Debtor resides in the county where the court is

5

located or within 150 miles of the location of the court. (Id. ¶¶ 2–3, 6–7.)

6
7
8
9

III.

CONCLUSION

Based on the foregoing, Judgment Creditor’s Application for Appearance and
Debtor Examination is GRANTED. Accordingly, IT IS HEREBY ORDERED:
1.

Judgment Debtor shall appear on October 9, 2019, at 10:00 AM in the Jury

10

Assembly Room, Room 230, James M. Carter & Judith N. Keep United States

11

Courthouse, 333 West Broadway, San Diego, California 92101, to furnish

12

information to aid in enforcement of the money judgment against Judgment

13

Debtor;

14

2.

Judgment Debtor shall bring to the judgment debtor exam all records,

15

documents, statements, files, or other communications concerning, relating to,

16

referring to, describing, or evidencing any and all of Judgment Debtor’s assets

17

and/or sources of income, either in Judgment Debtor’s name or in which

18

Judgment Debtor has a financial interest, including:

19

a.

Cash;

20

b.

Bank accounts, savings and loan accounts, credit union accounts,

21

and other financial institution accounts;

22

c.

Automobiles, other vehicles, and boats;

23

d.

Real estate; and

24

e.

Other personal property, excluding furniture and furnishings,

25
26

appliances, and clothing; and
3.

Judgment Creditor must personally serve this order upon Judgment Debtor

27

within ten days before the date set for the examination and must file a

28

certificate of service with the Court.
4
18-cv-00192-L-JLB

1

NOTICE TO JUDGMENT DEBTOR: IF YOU FAIL TO APPEAR AT THE

2

TIME AND PLACE SPECIFIED IN THIS ORDER, YOU MAY BE SUBJECT TO

3

ARREST AND PUNISHMENT FOR CONTEMPT OF COURT AND THE COURT

4

MAY MAKE AN ORDER REQUIRING YOU TO PAY THE REASONABLE

5

ATTORNEYS’ FEES INCURRED BY THE JUDGMENT CREDITOR IN THIS

6

PROCEEDING.1

7
8

IT IS SO ORDERED.
Dated: July 16, 2019

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1

This notice is furnished pursuant to California Code of Civil Procedure § 708.110(e).
5
18-cv-00192-L-JLB