California Court of Appeal
Mealing v. Diane Harkey for Bd. of Equalization, 050577
In a judgment enforcement action, seeking an ex parte order prohibiting defendant entity from making loan repayments to Diane Harkey, on the basis that such funds are community property that can satisfy plaintiff's judgment against her husband Dan Harkey, the trial courts denial of the application is affirmed where: 1) California Code of Civil Procedure section 708.240, subdivision (a) only permits a judgment creditor to seek an order restraining a third party from making payments to the judgment debtor, not another party; and 2) plaintiff abandoned his request for an order under section 708.240, subdivision (b) which authorizes a restraining order preventing a third party indebted to a judgment debtor from making a transfer to any person.
Appellate Information
- Published 2016/10/24
Judges
- ARONSON
Court
- California Court of Appeal