It is currently Tue Nov 21, 2017 2:20 pm


All times are UTC - 8 hours [ DST ]




Post new topic Reply to topic  [ 1 post ] 
Author Message
 Post subject: Progenex - Post-Judgment Document Discovery 708.030
PostPosted: Sun Oct 27, 2013 7:19 pm 
Partner of Riser Adkisson LLP
Partner of Riser Adkisson LLP
User avatar

Joined: Fri Dec 12, 2008 10:13 am
Posts: 148
Location: Newport Beach, CA
Progenex Dairy Bioactives, Inc. v. Zinc Solutions, Inc., 2013 WL 5702372 (Cal.App.Distr. 4, Unpublished, October 21, 2013).

Not Officially Published (Cal. Rules of Court, Rules 8.1105 and 8.1110, 8.1115) California Rules of Court, rule 8.1115, restricts citation of unpublished opinions in California courts.

Court of Appeal, Fourth District, Division 3, California.

PROGENEX DAIRY BIOACTIVES, INC., Plaintiff and Appellant,

v.

ZINC SOLUTIONS, INC., Defendant and Respondent.

G047911

Filed October 21, 2013

Appeal from an order of the Superior Court of Orange County, Jamoa A. Moberly, Judge. Affirmed. (Super. Ct. No. 30–2010–00369049)

Attorneys and Law Firms

Beckstrand Law Offices and Dwight Beckstrand for Plaintiff and Appellant.

Gladych & Associates and John A. Gladych for Defendant and Respondent.

Opinion

OPINION

MOORE, J.

*1 Finding no error in the trial court's postjudgment discovery order, we affirm.

This court dismissed appellant Progenex Dairy Bioactives's prior appeal from another postjudgment discovery order because it was based on a nonappealable order. (Progenex Dairy Bioactives, Inc. v. Zinc Solutions, Inc. (Mar. 13, 2013, G046384) [nonpub. opn.].) This time around, appellant appeals from another postjudgment discovery order which granted the judgment creditor Zinc Solutions, Inc.'s production of documents pursuant to Code of Civil Procedure section 708.030. Although the court did grant the judgment creditor's motion, it also denied a large portion of the motion and limited what it did grant with regard to both time and scope.

"The judgment creditor may demand that any judgment debtor produce and permit the party making the demand, or someone acting on that party's behalf, to inspect and to copy a document that is in the possession, custody, or control of the party on whom the demand is made ... if the demand requests information to aid in enforcement of the money judgment." (Code of Civ. Proc., sec. 708.030, subd. (a).)

"We review an order compelling discovery for abuse of discretion. [Citation.]" (Ibarra v. Superior Court (2013) 217 Cal.App.4th 695, 700.) "An abuse of discretion is shown if there is not substantial basis for the trial court's ruling or the court applied an incorrect legal standard. [Citation.]" (Ibid.)

Appellant argues respondent "simply wants to go on a fishing expedition." During oral argument, the trial court scrutinized the creditor about its requests. For example, at one point, the court remarked: "Let's look at 15, it is overbroad and it is basically a catchall." We can see from the minute order the court was concerned about limiting its order to matters related to the enforcement of the judgment. For example, in one portion of its order denying a request, the court stated: "The Creditor has not provided any justification for seeking documents going back to Progenex's formation." In another portion of the order granting production of documents, the court stated, "but limited to documents generated in the last five years that identify other bank accounts belonging to the judgment debtor." The order goes on to specifically either deny a request or limit the creditor to recent documents relating to the enforcement of its judgment. Under the circumstances we find in this record, we cannot conclude the court abused its discretion.

The postjudgment discovery order is affirmed. Zinc shall recover costs on appeal.

WE CONCUR:

RYLAARSDAM, ACTING P.J.

ARONSON, J.



= = = = = = = = J U D G M E N T E N F O R C E M E N T = = = = = = = =

Posted by Jay D. Adkisson of Riser Adkisson LLP http://www.risad.com and the publisher of http://www.calejl.com the most comprehensive free online resource regarding judgment enforcement and judgment collection in California.

Join our LinkedIn Group on California Judgment Enforcement and Collection Law at http://www.linkedin.com/groups?mostPopular=&gid=3697498

Join our Twitter on California Judgment Enforcement and Collection Law at http://twitter.com/calejl

Image

_________________
RISER ADKISSON LLP, 100 Bayview Circle, Suite 210, Newport Beach, CA 92660, Ph: 949-200-7753, Fax: 877-698-0678, E-Mail: jay --at-- risad.com http://www.jayadkisson.com http://www.risad.com http://www.assetprotectionbook.com http://www.quatloos.com


Top
Offline Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 1 post ] 

All times are UTC - 8 hours [ DST ]


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum

Search for:
Jump to:  
cron
Powered by phpBB © 2000, 2002, 2005, 2007 phpBB Group
Theme created StylerBB.net