§ 708.150 (a) (1) If a corporation, partnership, association, trust, limited liability company, or other organization is served with an order to appear for an e…
Part 2: Of Civil Actions | Title 9: Enforcement of Judgments | Division 2: Enforcement of Money Judgments | Chapter 6: Miscellaneous Creditors’ Remedies | Article 2: Examination Proceedings
Rule Text
(a) (1) If a corporation, partnership, association, trust, limited liability company, 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.
(2) If a corporation, partnership, association, trust, limited liability company, or other organization served with an order to appear for an examination fails to designate a person to appear pursuant to paragraph (1), the order to appear for an examination shall be deemed to have been made to and served upon the individuals designated in the manner described in paragraph (2) of subdivision (c).
(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, limited liability company, 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, limited liability company, or other organization of all of the following:
(1) The organization’s duty to make a designation under paragraph (1) of subdivision (a).
(2) That the organization’s failure to make a designation under paragraph (1) of subdivision (a) shall result in the order to appear for the examination to be deemed to have been made to, and require the appearance of, the following:
(3) That service of an order to appear for an examination upon an organization by any method permitted under this code or the Corporations Code, including service on the agent of the organization for service of process, shall be deemed effective service of the order to appear upon the individuals identified under subparagraphs (A), (B), (C), and (D) of paragraph (2).
(d) A corporation, partnership, association, trust, limited liability company, 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.
(e) The powers of the court under Section 708.170 extend to natural persons ordered to appear and served pursuant to this section.
(f) This section shall be strictly construed and its requirements may not be varied by local rule or otherwise.
Amendment history: Amended by Stats. 2021, Ch. 30, Sec. 1. (AB 1580) Effective January 1, 2022.