SHEILA K. OBERTO, Magistrate Judge.
On April 5, 2013, Plaintiffs Graphic Communications International Union Employer Retirement Fund and Trustees of the Western States Income Security Fund ("Plaintiffs") and Defendants John David Blanchfield and CA-JON, Inc. ("Defendants") filed a Stipulation and Proposed Order for Entry of Judgment. (Doc. 27.) The Court approved the parties' stipulation on that same day, and judgment was entered against Defendants jointly and severally in the total sum of $10,493.72. (Doc. 28.)
On June 11, 2013, Plaintiffs requested issuance of abstracts of judgment against Defendants (Docs. 35, 36), which were issued that same day for a combined amount of $11,003.74 (Docs. 37, 38). On September 4, 2014, Plaintiffs requested the issuance of a writ of execution. (Doc. 41.) On October 14, 2014, the Court issued the writ of execution. (Doc. 42.)
On December 4, 2014, Plaintiffs filed an application and request for an order for the appearance and examination of judgment debtor John David Blanchfield. (Docs. 43-44.) For the reasons set forth below, John David Blanchfield is ordered to appear personally on Wednesday, January 21, 2015, at 9:30 a.m. in Courtroom 7 of the United States District Courthouse, located at 2500 Tulare Street, Fresno, California, 93721, to furnish information to aid in enforcement of a money judgment by answering questions about the Defendant/judgment debtor's real and person property.
Federal Rule of Civil Procedure 69 governs enforcement of judgment proceedings in federal courts. Hilao v. Estate of Marcos, 95 F.3d 848, 851 (9th Cir. 1996). Rule 69(a) provides:
Fed. R. Civ. P. 69(a)(1)-(2).
Judgment debtor proceedings under California law "permit the judgment creditor to examine the judgment debtor, or third persons who have property of or are indebted to the judgment debtor, in order to discover property and apply it toward the satisfaction of the money judgment." Imperial Bank v. Pim Elec., Inc., 33 Cal.App.4th 540, 546-47; see also Cal. Civ. Proc. Code, §§ 708.110-708.205. All assets of a judgment debtor are subject to enforcement. Cal. Civ. Proc. Code, § 695.010 (a).
California Code of Civil Procedure § 708.110 provides in relevant part:
Cal Civ. Proc. Code § 708.110(a)-(e).
California Code of Civil Procedure § 708.160(a) also provides that "[e]xcept as otherwise provided in this section, the proper court for examination of a person under this article is the court in which the money judgment is entered." Cal. Civ. Proc. Code, § 708.160(a). Here, judgment was entered by this Court on June 11, 2013. (Docs. 37, 38.) Plaintiffs' efforts at collection, including a bank levy, have only recovered $7,445.04 of the debt, leaving a remaining balance of $3,558.70 plus $2.88 per day in accrued interest. (Doc. 43, 2.) Plaintiffs have not yet examined Defendant John David Blanchfield in this action (Doc. 43, 2), therefore the Court may issue an order for examination ex parte. Cal. Civ. Proc. Code, § 708.110(b).
As such, Plaintiffs' application sets forth the showing required by Federal Rule of Civil Procedure 69(a)(2) and the applicable provisions of the California Code of Civil Procedure §§ 708.110 and 708.160.
Accordingly, IT IS HEREBY ORDERED that:
1. Defendant/judgment debtor John David Blanchfield
2. Plaintiffs/judgment creditors must serve this order upon Defendant/judgment debtor John David Blanchfield personally not less than ten (10) days before the date set for the examination and must file a certificate of such service with the Court; and
3. If Plaintiffs/judgment creditors are unable to effectuate personal service on Defendant/judgment debtor John David Blanchfield within the required time, Plaintiffs/judgment creditors must file notice with the Court by no later than nine (9) days before the date set for the examination and inform the Court that the examination hearing must be taken off calendar.
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.