What is an Order to Appear for Examination of Judgment Debtor (ORAP)?

Useful Rulings on Order to Appear for Examination of Judgment Debtor (ORAP)

Recent Rulings on Order to Appear for Examination of Judgment Debtor (ORAP)

ANTONE NINO AND NASRIN SHAKERI NINO, A PARTNERSHIP VS NASRIN SHAKERI NINO, INDIVIDUALLY, AND AS GENERAL PARTNER, ETC., ET AL.

On March 10, 2020, the Court denied Plaintiff’s ex parte application for an order: 1) staying enforcement of Bilal Judgment; 2) quashing Bilal’s illegally-obtained ORAP re Siegel; and 3) shortening time for hearing on pending noticed motion for such relief.

  • Hearing

    Jul 13, 2020

  • Type

    Real Property

  • Sub Type

    other

ANTONE NINO AND NASRIN SHAKERI NINO, A PARTNERSHIP VS NASRIN SHAKERI NINO, INDIVIDUALLY, AND AS GENERAL PARTNER, ETC., ET AL.

On March 10, 2020, the Court denied Plaintiff’s ex parte application for an order: 1) staying enforcement of Bilal Judgment; 2) quashing Bilal’s illegally-obtained ORAP re Siegel; and 3) shortening time for hearing on pending noticed motion for such relief.

  • Hearing

    Jul 13, 2020

  • Type

    Real Property

  • Sub Type

    other

ANTONE NINO AND NASRIN SHAKERI NINO, A PARTNERSHIP VS NASRIN SHAKERI NINO, INDIVIDUALLY, AND AS GENERAL PARTNER, ETC., ET AL.

On March 10, 2020, the Court denied Plaintiff’s ex parte application for an order: 1) staying enforcement of Bilal Judgment; 2) quashing Bilal’s illegally-obtained ORAP re Siegel; and 3) shortening time for hearing on pending noticed motion for such relief.

  • Hearing

    Jul 01, 2020

  • Type

    Real Property

  • Sub Type

    other

COLLIER V. SERRANO EL DORADO OWNER’S ASSOCIATION

Judgment Debtor Examination. The proof of service declares that on March 8, 2020 the judgment debtor was personally served with the notice to appear for examination on April 24, 2020. The hearing was continued by court order to 8:30 a.m. on May 29, 2020 in Department Nine due to the public heath crisis. The April 10, 2020 Minute order continuing the hearing was served by mail on the judgment creditor’s counsel and the judgment debtor on April 10, 2020.

  • Hearing

    Jun 26, 2020

THE CANADA TRUST CO. V. DOCKTOR

Judgment Debtor Examination. The order for appearance for judgment debtor examination was issued on March 18, 2020. The hearing was continued by court order to 8:30 a.m. on May 29, 2020 in Department Nine due to the public health crisis. The April 10, 2020 Minute order continuing the hearing was served by mail on the judgment creditor’s counsel and the judgment debtor’s counsel on April 10, 2020. The hearing was later vacated and the matter set for the tentative ruling to be posted on June 15, 2020.

  • Hearing

    Jun 26, 2020

EDWIN MINASSIAN VS MICHAEL PANOSIAN, ET AL

On September 13, 2018, to avoid the time and expense of a judgment debtor examination, defendants satisfied the judgment by paying plaintiff $252,949 (which included 10% interest on the judgment) and by providing 376,367 shares of common stock of Toughbuilt. (Anderson Decl. ¶¶ 17, 18 & Exs. Q, S.) Because the default judgment was reversed by the Court of Appeal, defendants are entitled to restitution under CCP § 908, which this Court is authorized to award. (Gunderson v.

  • Hearing

    Jun 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MCLARRY VS ALLEN

On November 1, Rahmer appeared for her judgment debtor examination and produced documents. Allen did not appear, but notified plaintiffs' counsel he had filed a bankruptcy petition (apparently, as the court now understands it, his fourth in a single decade). The present motion (ROA 79) is founded upon the discretionary provision in CCP section 473(b): mistake, inadvertence and excusable neglect. Rahmer contends she miscalculated the deadline to file a responsive pleading.

  • Hearing

    Jun 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Defamation

(NO CASE NAME AVAILABLE)

Judgment Creditor’s counsel states that during the October 4, 2018 Judgment Debtor examination, Judgment Debtor Batia acknowledged she is the sole owner of the assets she transferred to herself as Trustee of the Trust. (Id. at ¶ 5.) On this basis, Judgment Creditor seeks to add “Batia Levkovitz, Trustee of the Batia Levkovitz Trust udt 4/18/1995” as an additional judgment debtor. (Mot., p. 1:20-24.)

  • Hearing

    Jun 22, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

ELITE ACCEPTANCE CORP. V. RIGHETTI

Judgment Debtor Examination. TENTATIVE RUING # 12: APPEARANCES ARE REQUIRED AT 8:30 A.M. ON FRIDAY, JUNE 19, 2020 IN DEPARTMENT NINE. NOTE: NO PERSONAL APPEARANCES WILL BE ALLOWED DUE TO THE ONGOING PUBLIC HEALTH CRISIS. APPEARANCES VIA ZOOM ARE REQUIRED AND MEETING INFORMATION WILL BE PROVIDED. PARTIES TO CONTACT THE COURT IMMEDIATELY AT 530-621-5867 TO PROVIDE THEIR CONTACT INFORMATION IN ORDER FOR THE COURT TO SEND ZOOM INVITES TO ATTENDEES.

  • Hearing

    Jun 15, 2020

PRICE V. REDDIN

Judgment Debtor Examination. TENTATIVE RULING # 1: THE APPEARANCE OF THE DEBTOR IS REQUIRED AT 8:30 A.M., FRIDAY, JUNE 19, 2020 IN DEPARTMENT NINE, PROVIDED PROOF OF SERVICE OF THE ORDER TO APPEAR FOR EXAMINATION IS FILED PRIOR TO THE HEARING SHOWING THAT PERSONAL SERVICE ON THE DEBTOR WAS EFFECTED NO LATER THAN TEN DAYS PRIOR TO THE HEARING DATE (CCP, § 708.110(d)). NOTE: NO PERSONAL APPEARANCES WILL BE ALLOWED DUE TO THE ONGOING PUBLIC HEALTH CRISIS.

  • Hearing

    Jun 15, 2020

INNOVA FUND I, LLC V. SANTOS

Judgment Debtor Examination. TENTATIVE RULING # 2: THE APPEARANCE OF THE DEBTOR IS REQUIRED AT 8:30 A.M., FRIDAY, JUNE 19, 2020 IN DEPARTMENT NINE, PROVIDED PROOF OF SERVICE OF THE ORDER TO APPEAR FOR EXAMINATION IS FILED PRIOR TO THE HEARING SHOWING THAT PERSONAL SERVICE ON THE DEBTOR WAS EFFECTED NO LATER THAN TEN DAYS PRIOR TO THE HEARING DATE (CCP, § 708.110(d)). NOTE: NO PERSONAL APPEARANCES WILL BE ALLOWED DUE TO THE ONGOING PUBLIC HEALTH CRISIS.

  • Hearing

    Jun 15, 2020

COLLIER V. SERRANO EL DORADO OWNER’S ASSOCIATION

Judgment Debtor Examination. The proof of service declares that on March 8, 2020 the judgment debtor was personally served with the notice to appear for examination on April 24, 2020. The hearing was continued by court order to 8:30 a.m. on May 29, 2020 in Department Nine due to the public heath crisis. The April 10, 2020 Minute order continuing the hearing was served by mail on the judgment creditor’s counsel and the judgment debtor on April 10, 2020.

  • Hearing

    Jun 15, 2020

COLLIER V. SERRANO EL DORADO OWNERS’ ASSOCIATION

Judgment Debtor Examination. TENTATIVE RILING # 14: THE APPEARANCE OF THE DEBTOR IS REQUIRED AT 8:30 A.M., FRIDAY, JUNE 19, 2020 IN DEPARTMENT NINE. NOTE: NO PERSONAL APPEARANCES WILL BE ALLOWED DUE TO THE ONGOING PUBLIC HEALTH CRISIS. APPEARANCES VIA ZOOM ARE REQUIRED AND MEETING INFORMATION WILL BE PROVIDED. PARTIES TO CONTACT THE COURT IMMEDIATELY AT 530-621-5867 TO PROVIDE THEIR CONTACT INFORMATION IN ORDER FOR THE COURT TO SEND ZOOM INVITES TO ATTENDEES.

  • Hearing

    Jun 15, 2020

THE CANADA TRUST CO. V. DOCKTOR

Judgment Debtor Examination. The order for appearance for judgment debtor examination was issued on March 18, 2020. The hearing was continued by court order to 8:30 a.m. on May 29, 2020 in Department Nine due to the public health crisis. The April 10, 2020 Minute order continuing the hearing was served by mail on the judgment creditor’s counsel and the judgment debtor’s counsel on April 10, 2020. The hearing was later vacated and the matter set for the tentative ruling to be posted on June 15, 2020.

  • Hearing

    Jun 15, 2020

DOUGLAS A BAGBY VS JOSEPH DANIEL DAVIS ET AL

Specifically, Plaintiff notes Defendant: (1) failed to appear at a March 13, 2019 judgment debtor exam; (2) did not produce bank records or records related to $5.595 million in deposited fees at his June 2019 debtor’s examinations; (3) transferred title to real property in December 2018 to his wife; (4) transferred $3.8 million to a Nevis Island LLC; and (5) failed to produce annuity policies at the judgment debtor examination. (App. at 6-7; Torosian Decl. ¶¶ 2-6; Altholz Decl. ¶¶ 2-22.)

  • Hearing

    May 05, 2020

LESTER V. ROBINSON

Judgment Debtor Examination. TENTATIVE RULING # 1: UPON REQUEST OF THE JUDGMENT CREDITOR, THIS MATTER IS CONTINUED TO 8:30 A.M. ON FRIDAY, MAY 29, 2020 IN DEPARTMENT NINE.

  • Hearing

    Mar 20, 2020

NOAH'S ARK PROCESSORS LLC VS VALUE MEATS INC

Dickman argues that Plaintiff is seeking a third judgment debtor examination (less than three months after the second examination) for no other purpose other than to harass, annoy, and oppress Mr. Dickman, and to cause Mr. Dickman unwarranted burden and expense.

  • Hearing

    Mar 12, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

PATERRA VS HANSEN

The Motion (ROA # 290) of Judgment Creditor Natalie Paterra for an order compelling Angela Hansen ("Angela") to comply with the subpoena duces tecum ("Subpoena") that she was served with on January 12, 2020, including by appearing, testifying, and producing documents at Jon Hansen's continued judgment debtor examination, per Code of Civil Procedure sections 1985 and 1987 et seq., 708.110, and 708.130, is MOOT in view of the Stipulation and Order for Angela Hansen to appear for an examination on March 25, 2020

  • Hearing

    Mar 10, 2020

  • Type

    Real Property

  • Sub Type

    other

PATERRA VS HANSEN

The Motion (ROA # 290) of Judgment Creditor Natalie Paterra for an order compelling Angela Hansen ("Angela") to comply with the subpoena duces tecum ("Subpoena") that she was served with on January 12, 2020, including by appearing, testifying, and producing documents at Jon Hansen's continued judgment debtor examination, per Code of Civil Procedure sections 1985 and 1987 et seq., 708.110, and 708.130, is MOOT in view of the Stipulation and Order for Angela Hansen to appear for an examination on March 25, 2020

  • Hearing

    Mar 10, 2020

  • Type

    Real Property

  • Sub Type

    other

ROLLING TIDES, LLC VS. PALMER

The court proposes to take judicial notice on its own motion of the court files in the underlying action, Orange Countty Superior Court case no. 2009-00117167, in particular the order for judgment debtor examination issued there, the motion for protective order Defendant Carl Palmer filed in that action, and the minute order setting it for hearing on 3/3/20.

  • Hearing

    Mar 05, 2020

PACIFIC WESTERN BANK VS INSATIABLE ASSETS LLC.

Superior Court (1986) 186 Cal.App.3d 1006, 1014, 231 Cal.Rptr. 108 [“the purpose of a judgment debtor examination is to leave no stone unturned in the search for assets which might be used to satisfy the judgment”].) There is no policy favoring the concealment of the judgment debtor’s assets from the judgment creditor. Yolanda’s, at 514-515.

  • Hearing

    Feb 28, 2020

BUSINESS LOAN CONDUIT NO. 2, LLC VS. ROBIN K CRANFORD

Further, the court orders judgment debtors, who reside in New Zealand, to appear for a Judgment Debtor Examination in San Diego. (See, U.S. v. Feldman (C.D. CA) 324 F.Supp.2d 1112, 1117-1178; Kremen v. Cohen (N.D. Cal., Mar. 28, 2008, No. C 98-20718 JW) 2008 WL 11455081, at *2) OSK III, LLC shall submit to the court the Order to Appear for Examination and required fee and the court will set the hearing.

  • Hearing

    Feb 27, 2020

  • Type

    Contract

  • Sub Type

    Breach

BUSINESS LOAN CONDUIT NO. 2, LLC VS. ROBIN K CRANFORD

Further, the court orders judgment debtors, who reside in New Zealand, to appear for a Judgment Debtor Examination in San Diego. (See, U.S. v. Feldman (C.D. CA) 324 F.Supp.2d 1112, 1117-1178; Kremen v. Cohen (N.D. Cal., Mar. 28, 2008, No. C 98-20718 JW) 2008 WL 11455081, at *2) OSK III, LLC shall submit to the court the Order to Appear for Examination and required fee and the court will set the hearing.

  • Hearing

    Feb 27, 2020

  • Type

    Contract

  • Sub Type

    Breach

LAKELAND WEST CAPITAL VIII, LLC VS WILLIAM F. LASKY

The reply argues that Lasky had previously prepared a budget during judgment debtor examination which was in the neighborhood of $14,000, and that plaintiff would be satisfied to have assigned only 25% of the monthly income, or $5,000. [See Weis Decl. ¶ 3, Ex. 1].

  • Hearing

    Feb 14, 2020

DIIORIO V. WILLIAMS

Judgment Debtor Examination. TENTATIVE RULING # 2: THE PERSONAL APPEARANCE OF THE DEBTOR IS REQUIRED AT 8:30 A.M., FRIDAY, FEBRUARY 14, 2020 IN DEPARTMENT NINE, PROVIDED PROOF OF SERVICE OF THE ORDER TO APPEAR FOR EXAMINATION IS FILED PRIOR TO THE HEARING SHOWING THAT PERSONAL SERVICE ON THE DEBTOR WAS EFFECTED NO LATER THAN TEN DAYS PRIOR TO THE HEARING DATE (CCP, § 708.110(d)). IF THE APPROPRIATE PROOF OF SERVICE IS NOT FILED, NO EXAMINATION WILL TAKE PLACE.

  • Hearing

    Feb 14, 2020

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