CHARLES LI VS. THAI MING CHIU et al

Set for Law and Motion/Discovery Calendar on Thursday, February 05, 2026, Line 1.

Plaintiff's motion to compel Vi Dan Tran, a.k.a. Harry Nguyen ("Tran") to appear for deposition is denied without prejudice. Any attempt to examine Tran should be directed to Department 505. "All applications for orders for the appearance and examination of judgment debtors or other persons must be in writing and presented to the subsequent filing window in Room 103 pursuant to CCP 708.110 et seq. All such orders must be made returnable to Department 505 on any Tuesday, Wednesday or Thursday at 2:00 p.m." (SF Local Rule 8.9A.)

"The Civil Discovery Act (CCP 2016.010 et seq.) applies to discovery in aid of enforcement of a money judgment only to the extent provided by CCP 708.010-708.030." (Cal. Judges Benchbook Civ. Proc. After Trial, sec. 7.2 (2025), emphasis added; see also Cal Practice Guide: Enforcing Judgments and Debts, 6:1282 (2025) [third party "can be subpoenaed to testify before the court or a referee in an examination proceeding in the same manner as a trial witness."].)

In Shrewsbury Management, Inc. v. Superior Court (2019) 32 Cal.App.5th 1213, the court held that a party could issue a subpoena duces tecum on a third party to collect a judgment. "We conclude that when a subpoena duces tecum is tethered to an examination under section 708.110, the scope of discoverable documents must be broadly construed to include matters relating to the property and business affairs of the judgment debtor, and is not limited by section 708.120." (Shrewsbury, 32 Cal.App.5th at 1228.)

Therefore, even under Shrewsbury, the discovery request needs to be tethered to an examination proceeding and Department 505 conducts those proceedings. Plaintiff does not present any persuasive authority holding that he can ignore all of the intricacies of CCP 708.010 et seq. by serving a garden variety deposition subpoena on a third-party witness. Any attempt to examine Tran must be made under CCP 708.110 et seq and directed to Department 505.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.