California Court of Appeal

Post-judgment orders directing issuance of a letter rogatory requesting registration of judgment liens against properties of the judgment debtor in Mexico and restraining the debtor from transferring its right to payment upon the sale of those properties, is reversed, where: 1) the trial court erred by issuing the letter rogatory because the Inter-American Convention on Letters Rogatory does not authorize the issuance of a letter rogatory that has as its purpose the enforcement of a money judgment; and 2) the trial court erred by issuing the restraining order because a court may not issue an order restraining the disposition of a right to payment pursuant to Code of Civil Procedure section 708.520 when it has not previously or simultaneously issued an order assigning the right to payment pursuant to section 708.510 of that code.

Appellate Information

• Decided 05/16/2013
• Published 05/16/2013

Judges

• IRION

Court

• California Court of Appeal

Counsel