Vershbow

Vershbow v. Reiner

Good Law
1991 Cal. App. LEXIS 729·231 Cal. App. 3d 879·282 Cal. Rptr. 684·91 Daily Journal DAR 7679·91 Cal. Daily Op. Serv. 5020
Court of Appeal of CaliforniaJune 26, 1991B049614California1,386 words

Opinion

Opinion

Boren, J.

The judgment creditor in this case sought a judicial order authorizing the sale of real property she had attached to satisfy the judgment. The trial court denied the request, reasoning that the writ of attachment was invalid because the clerk of the court had issued it without requiring the creditor to post a bond. We affirm.

Facts

In 1983, appellant Peggy Vershbow instituted a breach of contract action against C.H.P. Holding Company and Blake Holding Company, among others, for failure to pay her a real estate sales commission. Judgment in the amount of $67,500 was given to Vershbow on April 28, 1988. Several months later, Vershbow petitioned the court to amend the judgment to add Thomas C. Blake as a judgment debtor on the grounds that he is the alter ego of C.H.P. Holding Company. Her motion to amend the judgment was granted on April 4, 1989.

After Vershbow moved to amend the judgment, but well before the court granted her motion, she applied for a writ of attachment on real property owned by Thomas C. Blake. Her application insists that there was a risk Blake would transfer the property and prevent her from collecting on her judgment. The court’s order, filed on…

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