Sheridan

Sheridan v. Sheridan

Good Law
109 Cal. Rptr. 466·1972 Cal. App. LEXIS 666·33 Cal. App. 3d 917
Court of Appeal of CaliforniaAugust 15, 1972Civ. 13105California1,771 words

Opinion

Opinion

Regan, J.

Defendant Donald W. Sheridan appeals from an order appointing a receiver to disburse funds from defendant’s paycheck in accordance with court order. He contends:

The doctrine of sovereign immunity precludes the California courts from appointing a receiver where the sole purpose of such an appointment is receiving and disbursing the salary of defendant who is an employee of an agency of the United States government.

Facts

In 1965, defendant obtained a divorce from plaintiff in the State of New Mexico. Plaintiff was awarded custody of their four children and defendant was ordered to pay child support.

After the rendition of the divorce decree, defendant moved to Sacramento County in California, where on September 12, 1966, plaintiff brought an action to establish a foreign judgment of divorce. On January 13, 1967, the trial court ordered the New Mexico judgment to be reduced to a California judgment.

From 1965 to 1967, defendant failed to make child support payments to plaintiff and certain other arrearages accrued. On November 25, 1970, plaintiff petitioned the trial court for the appointment of a receiver. Defendant resisted, contending his salary as an employee of…

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