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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.

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