§ 708.150.Corporation, Partnership, Association, Trust, Other Organization Ordered to Appear
Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 2. Examination Proceedings · Last amended 2022 · Last verified July 28, 2026
In one sentenceSection 708.150 requires a corporation, partnership, LLC, or similar organization served with an examination order to designate a knowledgeable officer or manager to appear, and if it fails to designate anyone, deems the order served on specific default individuals — such as the entity's chief financial officer or a manager named in its Secretary of State filings.
(1)If a corporation, partnership, association, trust, limited liability company, or other organization is served with an order to appear for an examination, it shall designate to appear and be examined one or more officers, directors, managing agents, or other persons who are familiar with its property and debts.
(2)If a corporation, partnership, association, trust, limited liability company, or other organization served with an order to appear for an examination fails to designate a person to appear pursuant to paragraph (1), the order to appear for an examination shall be deemed to have been made to and served upon the individuals designated in the manner described in paragraph (2) of subdivision (c).
(b)If the order to appear for an examination requires the appearance of a specified individual, the specified individual shall appear for the examination and may be accompanied by one or more officers, directors, managing agents, or other persons familiar with the property and debts of the corporation, partnership, association, trust, limited liability company, or other organization.
(c)If the order to appear for the examination does not require the appearance of a specified individual, the order shall advise the corporation, partnership, association, trust, limited liability company, or other organization of all of the following:
(1)The organization's duty to make a designation under paragraph (1) of subdivision (a).
(2)That the organization's failure to make a designation under paragraph (1) of subdivision (a) shall result in the order to appear for the examination to be deemed to have been made to, and require the appearance of, the following:
(A)If the organization is a corporation registered with the Secretary of State, a natural person named as the chief financial officer in the corporation's most recent filing with the Secretary of State. If no one is so named, a natural person named as the chief executive officer in the corporation's most recent filing with the Secretary of State. If no one is so named, a natural person named as the secretary in the corporation's most recent filing with the Secretary of State.
(B)If the organization is a limited liability company registered with the Secretary of State, the first natural person named as a manager or member in the limited liability company's most recent filing with the Secretary of State.
(C)If the organization is a limited partnership registered with the Secretary of State, the first natural person named as a general partner in the limited partnership's most recent filing with the Secretary of State.
(D)If the organization is not registered with the Secretary of State or the organization's filings with the Secretary of State do not identify a natural person as described in subparagraph (A), (B), or (C), a natural person identified by the judgment creditor as being familiar with the property and debts of the organization, together with an affidavit or declaration signed by the judgment creditor that sets forth the factual basis for the identification of the individual. The affidavit or declaration shall be served on the organization together with the order.
(3)That service of an order to appear for an examination upon an organization by any method permitted under this code or the Corporations Code, including service on the agent of the organization for service of process, shall be deemed effective service of the order to appear upon the individuals identified under subparagraphs (A), (B), (C), and (D) of paragraph (2).
(d)A corporation, partnership, association, trust, limited liability company, or other organization, whether or not a party, may appear at an examination through any authorized officer, director, or employee, whether or not the person is an attorney.
(e)The powers of the court under Section 708.170 extend to natural persons ordered to appear and served pursuant to this section.
(f)This section shall be strictly construed and its requirements may not be varied by local rule or otherwise.
Plain-English Summary
An organization can't sit for an examination the way a person can, so this section builds a chain of responsibility. When an entity is served with an order to appear, it has to designate one or more officers, directors, managing agents, or other people familiar with its property and debts to show up and answer questions.
If the entity doesn't make that designation, the statute doesn't let the examination fizzle out. The order is instead deemed served on a specific default individual, worked out by entity type: for a corporation registered with the Secretary of State, the chief financial officer named in its most recent filing, or failing that the chief executive officer, or failing that the secretary; for a registered limited liability company, the first-named manager or member; for a registered limited partnership, the first-named general partner; and if the entity isn't registered or none of those roles is identified, whoever the creditor identifies by affidavit as familiar with the entity's finances, with that affidavit served alongside the order.
Service on the entity's own agent for service of process — through any method this code or the Corporations Code allows — counts as effective service on whichever default individual the statute points to. The entity can still appear through any authorized officer, director, or employee, attorney or not, and the arrest and contempt powers described in § 708.170 reach the natural persons ordered to appear under this section just as they would reach an individual debtor. Because these default rules are meant to work the same way everywhere, the section can't be varied by local court rule.
Frequently Asked Questions
What must an organization do when served with an order to appear for examination?
Designate one or more officers, directors, managing agents, or other people familiar with its property and debts to appear.
What happens if the organization doesn't designate anyone?
The order is deemed served on specific default individuals depending on entity type — for example, the chief financial officer named in a corporation's most recent Secretary of State filing, or the first-named manager of a limited liability company.
Does service on the entity's agent for service of process count as service on those default individuals?
Yes, service by any method permitted under this code or the Corporations Code is deemed effective service on the individuals identified under this section.
Can an entity be represented by someone who isn't an attorney at the examination?
Yes, an entity may appear through any authorized officer, director, or employee, whether or not that person is an attorney.
Amendment History
Amended by Stats 2021 ch 30 (AB 1580),s 1, eff. 1/1/2022. Amended by Stats 2020 ch 36 (AB 3364),s 24, eff. 1/1/2021.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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