A Judgment Debtor Uncooperative? How Unusual.

A judgment debtor doesn’t answer most of the questions and won’t produce the requesteddocuments. Sound familiar? The trial court ordered compliance and the judgment debtor appealed. The creditor convinced the trial court the order was not appealable under Code of Civil Procedure section 904.1, and the trial court set an order to show cause re contempt. The judgment debtor petitioned the appellate court for writ relief, contending the order to comply was appealable and therefore the trial court was without jurisdiction to set an OSC while his appeal was pending. The judgment debtor prevailed in the appellate court on his writ. That court decided the trial judge’s order was appealable and the lower court, therefore, lacked jurisdiction to set the OSC. (Macaluso v. Sup. Ct. (Lennar Land Partners II, LLC) (Cal. App. Fourth Dist., Div. 1; September 18, 2013) 219 Cal.App.4th 1042.)