Legal Opinion

Yolanda's, Inc. v. Kahl & Goveia Commercial Real Estate

California Court of Appeal

Decided May 3, 2017No. 2d Civil No.B271408PublishedCited by 7 opinions

1Opinion of the CourtGilbert, P.J.

*511 Here we conclude, among other things, that the scope of questions asked by a judgment creditor in a third party judgment debtor examination may include the location of assets no longer in the possession of the third party. (Code Civ. Proc. §§ 708.120, 708.130, 187.) Appellant wishes to appeal from a post-judgment discovery order arising from such a third party judgment debtor examination.

Appellant acknowledges that the order may not be appealable. It is not. We accommodate the request to treat the matter as a petition for writ of mandate. We deny the petition.

FACTS

Yolanda's, Inc. obtained a…

2Cases cited4 opinions

  1. Citizens Utilities Co. v. Superior CourtCalifornia Supreme Court · 1963
  2. MacAluso v. Superior CourtCalifornia Court of Appeal · 2013
  3. Fox Johns Lazar Pekin & Wexler, APC v. Superior CourtCalifornia Court of Appeal · 2013
  4. Troy v. Superior CourtCalifornia Court of Appeal · 1986

3Cited by7 opinions

  1. Fin. Holding Co. v. Am. Inst. of Certified Tax Coaches, Inc., California Court of Appeal, 5th District2018
  2. Wong v. Wong (In re Loy Tim), California Court of Appeal, 5th District2019
  3. Shrewsbury Mgmt., Inc. v. Superior Court of Santa Clara Cnty., California Court of Appeal, 5th District2019
  4. Dalessandro v. MitchellCalifornia Court of Appeal · 2020
  5. Finance Holding Co., LLC v. The American Inst. of Certified etc.California Court of Appeal · 2018

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