Fox Johns Lazar Pekin & Wexler, APC v. Superior Court
Opinion
Opinion
Huffman, J.
Fox Johns Lazar Pekin & Wexler, APC (Fox Johns), represents Point Center Financial, Inc. (Point). Brewer Corporation (Brewer), among others, obtained a money judgment against Point, which is presently on appeal in a related case before this court. As part of its efforts to enforce the judgment, Brewer has proceeded with third party postjudgment discovery against Fox Johns and Michael Wexler, the attorney at Fox Johns primarily responsible for representing Point during the underlying trial. To this end, Brewer served Fox Johns with a subpoena duces tecum for the production of documents and sought a third party judgment debtor examination of Wexler under Code of Civil Procedure section 708.120.
After Fox Johns and Wexler objected to Brewer’s examination of Wexler, Brewer moved to compel. The court granted Brewer’s motion in part, ordering Wexler to answer certain questions at his examination. Fox Johns and Wexler subsequently moved to quash the order for Wexler to appear for examination, which the court denied. In addition, the court granted Brewer’s motion, in part, to compel Fox Johns to produce documents under the subpoena duces tecum.