California Court of Appeal

In ex parte proceedings, arising after plaintiff obtained a writ of attachment and levied on certain deposit accounts of defendant, a grant of third-party claimant-Wachovia Capital Finance Corporation's application for release of the levied property and order quashing the levy is reversed where: 1) the record contains no evidence to support the trial court's finding that Wachovia holds a perfected security interest in the accounts on which plaintiff levied; and 2) the record contains no evidence that Wachovia met any of the alternative requirements for showing that its security interest was not subordinated to plaintiff's attachment lien.

Appellate Information

• Decided 01/12/2010
• Published 01/12/2010

Judges

• ROTHSCHILD, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Hemar Rousso & Heald, Jeannine Del Monte Kowal and Irwin M. Wittlin for Plaintiff and Appellant.


• For Appellees:
  
• Levene, Neale, Bender, Rankin & Brill, Beth Ann R. Young, Michelle S. Grimberg and Krikor J. Meshefejian for Third Party Claimant and Respondent.