Adair
Newport National Bank v. Adair
Opinion
Opinion
Gustafson, J.
Plaintiff bank had a money judgment against defendant Adair (the amount of which the record does not disclose) and levied execution against personal property of the defendant. At the time of the levy the property was in the possession of a public carrier which had been engaged by defendant to move the property from defendant’s rented home in Los Angeles to a newly rented home in Hillsborough.
The home in Hillsborough was a 14-room house, the rent for which was $1,250 per month. It was comparable to the home in Los Angeles from which defendant moved.
Upon the seizure of the property by the Sheriff of San Mateo County, defendant judgment debtor filed an affidavit claiming that all of the property was exempt from execution under the provisions of section 690.2 of the Code of Civil Procedure in that it was furniture which, because it was used by defendant, “his wife and three children in their normal, usual and customary station in life” was “necessary” within the meaning of that word as used in the cited code section. Plaintiff bank filed a declaration in opposition to the claim of exemption in which it asserted that, other than a few designated items of furniture, none of…