Quimbee logo
DMCA.com Protection Status
From our private database of 19,800+ case briefs...

Macaluso v. Superior Court

California Court of Appeal
162 Cal. Rptr. 3d 318 (2013)


Lennar Homes of California, Inc. (Lennar) (plaintiff) obtained a judgment against Marsch and began collection proceedings. Lennar served a subpoena duces tecum on Todd Macaluso (defendant). The subpoena required Macaluso to produce documents and testify at a judgment debtor examination. Macaluso appeared at the examination, but he declined to answer most of the questions, objected to the document production, and refused to produce the documents. The trial court granted Lennar’s motion to compel further responses and documents. Macaluso filed a notice of appeal, but the trial court determined that the order was not appealable. The trial court then entered an order to show cause regarding contempt based on Macaluso’s failure to comply with the order granting the motion to compel. Macaluso petitioned for a writ of mandate, alleging that the trial court did not have jurisdiction to issue further orders after he filed the notice of appeal.

Rule of Law


Holding and Reasoning (McDonald, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 507,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 507,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 19,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial