270 P. 391 | Cal. Ct. App. | 1928
This is an original application for prohibition seeking to restrain the respondent, as Judge of the Superior Court in Alameda County, from proceeding further under an order of examination issued by him under a judgment rendered in Los Angeles County. [1] The theory of petitioner is that the superior court of the county where the judgment has been rendered and where execution has been returned unsatisfied has sole jurisdiction to direct the judgment debtor to appear and be examined. *20
The proceedings were instituted under section
The power of the superior court to appoint a referee in another county and to require the judgment debtor to appear before such referee has never been denied, if the judgment debtor resides or has his place of business in the county in which he is required to appear. Though the section provides that the judgment creditor "is entitled to" such an order, it is not designed to permit him to harass the judgment debtor to no purpose. This would seem to follow from the well-settled rule that a second order of examination is wholly within the discretion of the superior court and that it should not be made unless new facts are disclosed to the court which were not known to the judgment creditor at the time of the former hearing. (Watson v. Pryor,
Section
We are satisfied that the proper construction of section
Let a peremptory writ issue.
Sturtevant, J., and Buck, P.J., pro tem., concurred.