2009 California Code of Civil Procedure - Section 708.110-708.205 :: Article 2. Examination Proceedings

708.110.  (a) The judgment creditor may apply to the proper court
for an order requiring the judgment debtor to appear before the
court, or before a referee appointed by the court, at a time and
place specified in the order, to furnish information to aid in
enforcement of the money judgment.
   (b) If the judgment creditor has not caused the judgment debtor to
be examined under this section during the preceding 120 days, the
court shall make the order upon ex parte application of the judgment
creditor.
   (c) If the judgment creditor has caused the judgment debtor to be
examined under this section during the preceding 120 days, the court
shall make the order if the judgment creditor by affidavit or
otherwise shows good cause for the order. The application shall be
made on noticed motion if the court so directs or a court rule so
requires. Otherwise, it may be made ex parte.
   (d) The judgment creditor shall personally serve a copy of the
order on the judgment debtor not less than 10 days before the date
set for the examination. Service shall be made in the manner
specified in Section 415.10. Service of the order creates a lien on
the personal property of the judgment debtor for a period of one year
from the date of the order unless extended or sooner terminated by
the court.
   (e) The order shall contain the following statement in 14-point
boldface type if printed or in capital letters if typed: "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."

708.120.  (a) Upon ex parte application by a judgment creditor who
has a money judgment and proof by the judgment creditor by affidavit
or otherwise to the satisfaction of the proper court that a third
person has possession or control of property in which the judgment
debtor has an interest or is indebted to the judgment debtor in an
amount exceeding two hundred fifty dollars ($250), the court shall
make an order directing the third person to appear before the court,
or before a referee appointed by the court, at a time and place
specified in the order, to answer concerning such property or debt.
The affidavit in support of the judgment creditor's application may
be based on the affiant's information and belief.
   (b) Not less than 10 days prior to the date set for the
examination, a copy of the order shall be:
   (1) Served personally on the third person.
   (2) Served personally or by mail on the judgment debtor.
   (c) If the property in the third person's possession or control in
which the judgment debtor has an interest or the debt owed by the
third person to the judgment debtor is described in the affidavit or
application for an order under subdivision (a) in a manner reasonably
adequate to permit it to be identified, service of the order on the
third person creates a lien on the judgment debtor's interest in the
property or on the debt for a period of one year from the date of the
order unless extended or sooner terminated by the court.
   (d) The judgment debtor may claim that all or any portion of the
property or debt is exempt from enforcement of a money judgment by
application to the court on noticed motion, filed with the court and
personally served on the judgment creditor not later than three days
before the date set for the examination. The judgment debtor shall
execute an affidavit in support of the application that includes all
of the matters set forth in subdivision (b) of Section 703.520. If a
claim of exemption is made pursuant to this section, a notice of
opposition to the claim of exemption is not required. The court shall
determine any claim of exemption made pursuant to this section.
Failure of the judgment debtor to make a claim of exemption does not
preclude the judgment debtor from later claiming the exemption unless
the property or debt is described in the order in a manner
reasonably adequate to permit it to be identified and the judgment
debtor receives notice of the examination proceeding at least 10 days
before the date set for the examination.
   (e) An order made pursuant to subdivision (a) shall contain the
following statements in 14-point boldface type if printed or in
capital letters if typed:
   (1) "NOTICE TO PERSON SERVED. 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."
   (2) "NOTICE TO JUDGMENT DEBTOR. The person in whose favor the
judgment was entered in this action claims that the person to be
examined pursuant to this order has possession or control of property
which is yours or owes you a debt. This property or debt is as
follows: (Description of property or debt).
If you claim that all or any portion of this property or debt is
exempt from enforcement of the money judgment, you must file your
exemption claim in writing with the court and personally serve a copy
on the judgment creditor not later than three days before the date
set for the examination. You must appear at the time and place set
for this examination to establish your claim of exemption or your
exemption may be waived."
   (f) An order made pursuant to subdivision (a) is not effective
unless, at the time it is served on the third person, the person
serving the order tenders to the third person fees for the mileage
necessary to be traveled from the third person's residence to the
place of examination. The mileage fees shall be in the same amount
generally provided for witnesses when legally required to attend
civil proceedings in the court where the examination proceeding is to
be conducted.

708.130.  (a) Witnesses may be required to appear and testify before
the court or referee in an examination proceeding under this article
in the same manner as upon the trial of an issue.
   (b) The privilege prescribed by Article 4 (commencing with Section
970) of Chapter 4 of Division 8 of the Evidence Code does not apply
in an examination proceeding under this article.

708.140.  (a) The examination proceedings authorized by this article
may be conducted by a referee appointed by the court. The referee
may issue, modify, or vacate an order authorized by Section 708.205,
may make a protective order authorized by Section 708.200, and may
issue a warrant authorized by Section 708.170, and has the same power
as the court to grant adjournments, to preserve order, and to
subpoena witnesses to attend the examination, but only the court that
ordered the reference has power to do the following:
   (1) Punish for contempt for disobeying an order of the referee.
   (2) Make an award of attorney's fees pursuant to Section 708.170.
   (3) Determine a contested claim of exemption or determine a
third-party claim under Section 708.180.
   (b) Only a member of the State Bar of California is eligible for
appointment as a referee pursuant to this article. A person who was
duly appointed as a referee prior to July 1, 1983, pursuant to the
law in operation at the time of appointment, and who is available to
perform the duties of a referee on July 1, 1983, shall be exempt from
the requirements of this subdivision.
   (c) Nothing in subdivision (a) limits the power of a court to
appoint a temporary judge pursuant to Section 21 of Article VI of the
California Constitution.

708.150.  (a) If a corporation, partnership, association, trust, or
other organization is served with an order to appear for an
examination, it shall designate to appear and be examined one or more
officers, directors, managing agents, or other persons who are
familiar with its property and debts.
   (b) If the order to appear for an examination requires the
appearance of a specified individual, the specified individual shall
appear for the examination and may be accompanied by one or more
officers, directors, managing agents, or other persons familiar with
the property and debts of the corporation, partnership, association,
trust, or other organization.
   (c) If the order to appear for the examination does not require
the appearance of a specified individual, the order shall advise the
corporation, partnership, association, trust, or other organization
of its duty to make a designation under subdivision (a).
   (d) A corporation, partnership, association, trust, or other
organization, whether or not a party, may appear at an examination
through any authorized officer, director, or employee, whether or not
the person is an attorney.

708.160.  (a) Except 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.
   (b) A person sought to be examined may not be required to attend
an examination before a court located outside the county in which the
person resides or has a place of business unless the distance from
the person's place of residence or place of business to the place of
examination is less than 150 miles.
   (c) If a person sought to be examined does not reside or have a
place of business in the county where the judgment is entered, the
superior court in the county where the person resides or has a place
of business is a proper court for examination of the person.
   (d) If the judgment creditor seeks an examination of a person
before a court other than the court in which the judgment is entered,
the judgment creditor shall file an application that shall include
all of the following:
   (1)  An abstract of judgment in the form prescribed by Section
674.
   (2)  An affidavit in support of the application stating the place
of residence or place of business of the person sought to be
examined.
   (3)  Any necessary affidavit or showing for the examination as
required by Section 708.110 or 708.120.
   (4) The filing fee for a motion as provided in subdivision (a) of
Section 70617 of the Government Code.

708.170.  (a) If an order requiring a person to appear for an
examination was served by a sheriff, marshal, a person specially
appointed by the court in the order, or a registered process server,
and the person fails to appear:
   (1) The court may do either of the following:
   (A) Pursuant to a warrant, have the person brought before the
court to answer for the failure to appear and may punish the person
for contempt.
   (B) Issue a warrant for the arrest of the person who failed to
appear as required by the court order, pursuant to Section 1993.
   (2) If the person's failure to appear is without good cause, the
judgment creditor shall be awarded reasonable attorney's fees
incurred in the examination proceeding. Attorney's fees awarded
against the judgment debtor shall be added to and become part of the
principal amount of the judgment.
   (b) A person who willfully makes an improper service of an order
for an examination which subsequently results in the arrest pursuant
to subdivision (a) of the person who fails to appear is guilty of a
misdemeanor.

708.180.  (a) Subject to subdivision (b), if a third person examined
pursuant to Section 708.120 claims an interest in the property
adverse to the judgment debtor or denies the debt, the court may, if
the judgment creditor so requests, determine the interests in the
property or the existence of the debt. The determination is
conclusive as to the parties to the proceeding and the third person,
but an appeal may be taken from the determination. The court may
grant a continuance for a reasonable time for discovery proceedings,
the production of evidence, or other preparation for the hearing.
   (b) The court may not make the determination provided in
subdivision (a) if the third person's claim is made in good faith and
any of the following conditions is satisfied:
   (1) The court would not be a proper court for the trial of an
independent civil action (including a creditor's suit) for the
determination of the interests in the property or the existence of
the debt, and the third person objects to the determination of the
matter under subdivision (a).
   (2) At the time an order for examination pursuant to Section
708.120 is served on the third person a civil action (including a
creditor's suit) is pending with respect to the interests in the
property or the existence of the debt.
   (3) The court determines that the interests in the property or the
existence of the debt should be determined in a creditor's suit.
   (c) Upon application of the judgment creditor made ex parte, the
court may make an order forbidding transfer of the property to the
judgment debtor or payment of the debt to the judgment debtor until
the interests in the property or the existence of the debt is
determined pursuant to subdivision (a) or until a creditor's suit may
be commenced and an order obtained pursuant to Section 708.240. An
undertaking may be required in the discretion of the court. The court
may modify or vacate the order at any time with or without a hearing
on such terms as are just.
   (d) Upon application of the judgment creditor upon noticed motion,
the court may, if it determines that the judgment debtor probably
owns an interest in the property or that the debt probably is owed to
the judgment debtor, make an order forbidding the transfer or other
disposition of the property to any person or forbidding payment of
the debt until the interests in the property or the existence of the
debt is determined pursuant to subdivision (a) or until a creditor's
suit may be commenced and an order obtained pursuant to Section
708.240. The court shall require the judgment creditor to furnish an
undertaking as provided in Section 529. The court may modify or
vacate the order at any time after notice and hearing on such terms
as are just.

708.190.  The court may permit a person claiming an interest in the
property or debt sought to be applied in an examination proceeding to
intervene in the proceeding and may determine the person's rights in
the property or debt pursuant to Section 708.180.

708.200.  In any proceeding under this article, the court may, on
motion of the person to be examined or on its own motion, make such
protective orders as justice may require.

708.205.  (a) Except as provided in subdivision (b), at the
conclusion of a proceeding pursuant to this article, the court may
order the judgment debtor's interest in the property in the
possession or under the control of the judgment debtor or the third
person or a debt owed by the third person to the judgment debtor to
be applied toward the satisfaction of the money judgment if the
property is not exempt from enforcement of a money judgment. Such an
order creates a lien on the property or debt.
   (b) If a third person examined pursuant to Section 708.120 claims
an interest in the property adverse to the judgment debtor or denies
the debt and the court does not determine the matter as provided in
subdivision (a) of Section 708.180, the court may not order the
property or debt to be applied toward the satisfaction of the money
judgment but may make an order pursuant to subdivision (c) or (d) of
Section 708.180 forbidding transfer or payment to the extent
authorized by that section.