Macaluso

Real party in interest Lennar Homes of California, Inc. (Lennar), is a judgment creditor pursuing collection proceedings against its judgment debtor, Mr. Marsch. Lennar served a subpoena duces tecum on petitioner Todd Macaluso (Macaluso) that required Macaluso to produce documents and testify at a judgment debtor examination in connection with Lennar’s judgment collection proceedings. Although Macaluso appeared at the judgment debtor examination, he declined to answer most of the questions, objected to the document production and refused to produce the documents.

Lennar then moved to compel further responses and documents. After the trial court entered an order granting Lennar’s motion (the order), Macaluso filed a notice of appeal from the order. However, because the trial court agreed with Lennar that the order was not appealable under Code of Civil Procedure section 904.1, and Macaluso did not comply with the order, the trial court entered an order to show cause regarding contempt (the OSC). Macaluso’s current writ petition contends the trial court was without jurisdiction to issue the OSC because the order was appealable and therefore the notice of appeal deprived…