Judgment creditor Champir, LLC ("Judgment Creditor")'s motion to compel judgment debtor Fairbanks Ranch Association ("Judgment Debtor") to provide further responses to Post-Judgment Requests for Production of Documents (Set One) (the "Post-Judgment Discovery"), and for sanctions, is granted. Judgment Debtor's argument that the court lacks jurisdiction to rule on this motion in light of its February 14, 2020 notice of appeal (ROA No. 186) is unavailing. California Code of Civil Procedure ("CCP") § 916 provides that "the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby . . . ." Cal. Code Civ. P. § 916(a). However, this rule does not stay enforcement of a money judgment unless an undertaking is given. See Cal. Code Civ. P. §§ 917.1(a)(1) and 708.010(b). Judgment Debtor provides no evidence that it posted an undertaking in this matter. In addition, through this motion, Judgment Cre
Hearing Date
September 10, 2020
Category
Civil - Unlimited
Type
Non-PI/PD/WD tort - Other
For full print and download access, please subscribe at https://www.trellis.law/.
Judgment creditor Champir, LLC ("Judgment Creditor")'s motion to compel judgment debtor Fairbanks Ranch Association ("Judgment Debtor") to provide further responses to Post-Judgment Requests for Production of Documents (Set One) (the "Post-Judgment Discovery"), and for sanctions, is granted. Judgment Debtor's argument that the court lacks jurisdiction to rule on this motion in light of its February 14, 2020 notice of appeal (ROA No. 186) is unavailing. California Code of Civil Procedure ("CCP") § 916 provides that "the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby . . . ." Cal. Code Civ. P. § 916(a). However, this rule does not stay enforcement of a money judgment unless an undertaking is given. See Cal. Code Civ. P. §§ 917.1(a)(1) and 708.010(b). Judgment Debtor provides no evidence that it posted an undertaking in this matter. In addition, through this motion, Judgment Cre