Opinion
NO. C 09-03514 JW
10-27-2011
Coatek, Inc., Plaintiff, v. ITEQ Corp., Defendant.
APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION
[X] ENFORCEMENT OF JUDGMENT [] ATTACHMENT (Third Person)
[X] Judgment Debtor [] Third Person
ORDER TO APPEAR FOR EXAMINATION
1. TO (name): Quang Uong (Coatek, Inc. Employee)
2. YOU ARE ORDERED TO APPEAR personally before this court, or before a referee appointed by the court, to
a. [X] furnish information to aid in enforcement of a money judgment against you.
b. [] answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the
judgment debtor.
c. [] answer concerning property of the defendant in your possession or control or concerning a debt you owe the defendant
that is subject to attachment.
Date: December 5, 2011 Time: 9.00 a.m. Dept. or Div.: Rm.: 9
Address of court [X] shown above [] is:
3. This order may be served by a sheriff, marshal, registered process server, or the following specially appointed person (name):Date: October 27, 2011
_____________________
JUDGE OR REFEREE
This order must be served not less than 10 days before the date set for the examination.
IMPORTANT NOTICES ON REVERSE
APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION
4. [X] Judgment creditor [] Assignee of record [] Plaintiff who has a right to attach order applies for an order requiring (name): to appear and furnish information
to aid in enforcement of the money judgment or to answer concerning property or debt.
5. The person to be examined is
a. [X] the judgment debtor,
b. [] a third person (1) who has possession or control of property belonging to the judgment debtor or the defendant or (2) who
owes the judgment debtor or the defendant more than $250. An affidavit supporting this application under Code of Civil Procedure section 491.110 or 708.120 is attached.
6. The person to be examined resides or has a place of business in this county or within 150 miles of the place of examination.
7. [] This court is not the court in which the money judgment is entered or (attachment only) the court that issued the writ of
attachment. An affidavit supporting an application under Code of Civil Procedure section 491.150 or 708.160 is attached.
8. [] The judgment debtor has been examined within the past 120 days. An affidavit showing good cause for another examination
is attached.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Michael A. Sands
(TYPE OR PRINT NAME)
__________________________________
(SIGNATURE OF DECLARANT)
APPEARANCE OF JUDGMENT DEBTOR (ENFORCEMENT OF JUDGMENT)
NOTICE TO JUDGMENT DEBTOR If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court, and the court may make an order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this proceeding.
APPEARANCE OF A THIRD PERSON
(ENFORCEMENT OF JUDGMENT)
(1) NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court, and the court may make an order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this proceeding.
(2) NOTICE TO JUDGMENT DEBTOR The person in whose favor the judgment was entered in this action claims that the person to be examined pursuant to this order has possession or control of property which is yours or owes you a debt. This property or debt is as follows (Describe the property or debt using typewritten capital letters):
THE JUDGMENT ENTERED IN THIS ACTION ON MARCH 10, 2011, ATTACHED AS EXHIBIT A.
If you claim that all or any portion of this property or debt is exempt from enforcement of the money judgment, you must file your exemption claim in writing with the court and have a copy personally served on the judgment creditor not later than three days before the date set for the examination. You must appear at the time and place set for the examination to establish your claim of exemption or your exemption may be waived.
APPEARANCE OF A THIRD PERSON (ATTACHMENT)
NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court, and the court may make an order requiring you to pay the reasonable attorney fees incurred by the plaintiff in this proceeding.
APPEARANCE OF A CORPORATION, PARTNERSHIP,
ASSOCIATION, TRUST, OR OTHER ORGANIZATION
It is your duty to designate one or more of the following to appear and be examined: officers, directors, managing agents, or other persons who are familiar with your property and debts.
JUDGMENT
Pursuant to the Court's March 3, 2010 Order Granting in Part and Denying in Part Defendant's Motion to Dismiss, judgment is entered in favor of Defendant ITEQ Corp. against Plaintiff Coatek, Inc. as to Plaintiff's First, Second and Third Causes of Action.
(See March 3, 2010 Order at 9, Docket Item No. 35.)
Pursuant to the Court's October 20, 2010 Order Granting Defendant's Motion for Summary Judgment on its Counterclaims, judgment is entered in favor of Defendant ITEQ Corp. against Plaintiff Coatek, Inc. as to Defendant's Second Counterclaim. Judgment is entered in the amount of $96,810.43, which is for goods sold and delivered by ITEQ Corp. to Coatek, Inc. which Coatek has failed to pay for, plus ten percent per annum in pre-judgment interest. (Id. at 4, 6.)
(See October 20, 2010 Order at 6, Docket Item No. 46.) As the Court explained in its October 20, 2010 Order, Defendant is only entitled to damages under its Second Counterclaim, because any damages awarded to Defendant on its First Counterclaim would be duplicative of those awarded under the Second Counterclaim. (Id at 5 n.7.)
This figure corrects a typographical error in the Court's October 20, 2010 Order, which incorrectly stated that the amount was $96,812.43. (Id. at 6.)
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Pursuant to the Court's March 10, 2011 Order Granting Defendant's Motion for Summary Judgment, judgment is entered in favor of Defendant ITEQ Corp. against Plaintiff Coatek, Inc. as to Plaintiff's Fourth Cause of Action for Breach of Contract.
Each party shall bear their own fees. The Clerk shall close this file.
JAMES WARE
United States District Chief Judge
THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:
Fei-Fei Chao Fei-FeiChao@andrewskurth.com
Gregory J. Charles gcharles@campeaulaw.com
Kari Lynn Silva ksilva@campeaulaw.com
Michael Arthur Sands msands@fenwick.com
Michelle Zhuoping Cai mcai@fenwick.com
Thomas R. Kline ThomasKline@andrewskurth.com
Richard W. Wieking, Clerk
JW Chambers
Elizabeth Garcia
Courtroom Deputy