DeGutz

BACKGROUND

We extensively recounted the events of the underlying lawsuit in our previous unpublished opinion, De Gutz v. Boisvert, Case No. A126839, issued on January 28, 2013. We will not repeat them at great length here. In 2008, plaintiff Donald De Gutz sued Boisvert and related entities in a dispute over a real estate transaction. After a bench trial, the court issued a judgment in favor of De Gutz on his breach of contract, breach of fiduciary duty and fraud claims, and awarded him $161,732.56. Boisvert appealed to this court. We affirmed the judgment and issued a remittitur in April 2013. In 2011, De Gutz assigned his interest in the judgment to Lohan. In September 2012, the superior court granted Lohan’s motion for a charging order1 regarding Boisvert’s distributive interest in two limited liability companies, including 800 Center, LLC. At different times in 2013, the court denied two ex parte applications by Boisvert for protective orders to quash Lohan’s subpoenas for examinations related to his efforts to collect the judgment. In the second application, Boisvert argued among other things that De Gutz’s assignment of the judgment to Lohan was invalid. In June 2013, the…