Fin. Holding Co. v. Am. Inst. of Certified Tax Coaches, Inc.

Good Law
240 Cal. Rptr. 3d 604·29 Cal. App. 5th 663
Court of Appeal of CaliforniaNovember 29, 2018D072910California8,169 words

Opinion

Lead Opinion

Haller, J.

*667 Finance Holding Company, LLC (Finance) obtained a judgment against Dominque Molina for about $50,000 plus interest and attorney fees. In judgment enforcement proceedings, Finance sought documents from Molina's employer, The American Institute of Certified Tax Coaches, Inc. (Institute). Finance requested numerous categories of business, tax, and bank records, without limiting the request to information relevant to Molina. The court overruled the Institute's objections and ordered the Institute "to produce for inspection and copying all the demanded documents."

*668 On appeal, the Institute contends the document production order is overbroad under the statute governing third party discovery in judgment enforcement proceedings.

*608 ( Code Civ. Proc., § 708.120.) 1 Finance responds that the order is not an appealable final order, and therefore we should dismiss the appeal. On the merits, Finance contends the document production order was proper under related statutes and/or the court's equitable authority in judgment collection proceedings.

We conclude the order is appealable. We also determine the order is statutorily overbroad, and the court did not have the authority to…

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