## Facts

- A judgment creditor obtained a money judgment against a debtor and pursued post-judgment discovery to locate assets.
- The creditor subpoenaed attorney Todd Macaluso, a nonparty witness, to appear and produce documents in connection with judgment-enforcement proceedings.
- Macaluso appeared but declined to answer most questions and refused to produce requested documents, asserting privacy and privilege objections.
- The superior court granted the creditor’s motion to compel, ordering Macaluso to provide further answers and produce subpoenaed documents.
- Macaluso filed a notice of appeal from the order compelling compliance.
- The superior court treated the order as nonappealable and, after Macaluso still did not comply, issued an order to show cause re contempt based on noncompliance.
- Macaluso petitioned for writ relief, arguing the compelling order was appealable and the appeal divested the trial court of jurisdiction to issue the contempt OSC.

## Issues

1. Whether a post-judgment order compelling a nonparty witness to answer questions and produce documents in judgment-enforcement proceedings is an appealable post-judgment order.
2. If appealable, whether filing a notice of appeal divests the trial court of jurisdiction to issue contempt-related proceedings enforcing the appealed order.

## Decision

- The Court of Appeal granted the petition for writ of mandate/prohibition.
- The court held the post-judgment order compelling Macaluso’s answers and document production was an appealable post-judgment order under Code of Civil Procedure section 904.1.
- Because the appeal was valid, the trial court lacked jurisdiction over matters embraced by the appealed order.
- The contempt OSC directly enforced the appealed order and therefore was issued without jurisdiction.
- The Court of Appeal directed the superior court to vacate the contempt OSC.

## Legal Principles

- A post-judgment order is appealable when it relates to enforcement of the judgment and constitutes a final determination of the rights or obligations at issue, rather than being preliminary to a later ruling.
- Post-judgment enforcement orders compelling compliance by a nonparty witness may be appealable when they finally determine that person’s obligations in the enforcement proceeding.
- A valid notice of appeal transfers jurisdiction to the appellate court and removes the trial court’s authority to make further orders affecting the matters on appeal.
- Trial court actions that enforce an appealed order (including contempt proceedings premised on noncompliance) are beyond the court’s jurisdiction while the appeal is pending.

## Conclusion

The Court of Appeal treated the post-judgment compliance order as appealable because it conclusively determined a nonparty’s obligations in judgment enforcement, and it held that the pending appeal deprived the trial court of jurisdiction to pursue contempt proceedings to enforce that order.


Macaluso v. Superior Court, 219 Cal. App. 4th 1042 (Cal. Ct. App. 2013)