Certified Grocers of California, Ltd. v. San Gabriel Valley Bank

In this creditor’s action, plaintiff appeals from judgment of dismissal entered on order sustaining general demurrer to the second amended complaint without leave to amend (Code Civ. Proc., § 581, subd. 3).

The second amended complaint contained three causes of action. The first alleged: On January 7, 1981, plaintiff commenced an action against Western Storage Systems, Inc. (judgment debtor), and on November 2, 1981, judgment was entered in favor of plaintiff and against judgment debtor in the sum of $479,828.80 plus interest of $26,963. After writ of execution against the property of the judgment debtor was returned unsatisfied, plaintiff instituted supplemental proceedings in aid of execution. Defendant bank appeared in those proceedings and denied under oath that it had any property in its possession or under its control belonging to the judgment debtor, and denied that it was indebted to the judgment debtor. Defendant’s denial is false in that it is indebted to the judgment debtor by virtue of the following: On or before August 7, 1980, judgment debtor opened a checking account with defendant bank, said account being designated as a payroll account; in connection…