California Court of Appeal

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Cal-Western Reconveyance Corp. v. Reed, B193014

Order to distribute surplus proceeds from a trustee's sale of residential property to satisfy the debtor's obligations for child and spousal support arrearages, a community property equalization payment to the debtor's former wife, attorney's fees ordered in a dissolution proceeding, and a loan and attorney's fees owed to the debtor's former attorney in this lawsuit is reversed, part, where trial court erred in: 1) distributing proceeds to the debtor-s former wife to satisfy her claims for a community property equalization payment and for attorney's fees ordered in the dissolution proceeding, as no recorded lien or encumbrance secured those claims, which in any event were discharged in the debtor's bankruptcy proceeding; and 2) distributing proceeds to the debtor's former lawyer, who was retained to assist the debtor in the collection of proceeds from the trustee's sale, as an attorney's lien on the prospective recovery of a client must be enforced in a separate action.

Appellate Information

  • Decided 06/29/2007
  • Published 06/29/2007

Judges

  • BOLAND, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Walter L. Gordon III, Los Angeles, for Defendant and Appellant Barry Reed., Law Offices of Errol Jay Gordon and Arnold Johnson, Los Angeles, for Defendant and Respondent Valerie D. Reed., Lori A. Cruz and Fesia A. Davenport for Defendant and Respondent County of Los Angeles Child Support Services Department., George M. Halimi, Los Angeles, in pro. per., for Respondent.
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