Ho

Jeng-Cheng Ho v. Shih-Ming Hsieh

Good Law
105 Cal. Rptr. 3d 17·181 Cal. App. 4th 337·2010 Cal. App. LEXIS 81
Court of Appeal of CaliforniaJanuary 26, 2010B211501California3,568 words

Opinion

Opinion

Kriegler, J.

—A judgment creditor brought an action under California Uniform Commercial Code section 8112 to reach shares of stock owned by the judgment debtor and his wife to satisfy a money judgment. The debtor surrendered his stock certificate to the trial court. The debtor’s wife argued that shares in her name were her separate property. The trial court found that the shares had no value, yet ordered the shares transferred directly to the creditor with no reduction in the outstanding judgment. If the debtor’s wife failed to transfer her shares, her shares were to be cancelled and reissued in the name of the creditor. We conclude that it was an abuse of discretion to order worthless shares of stock transferred to a judgment creditor in satisfaction of a money judgment without any reduction in the outstanding judgment. Therefore, we reverse.

FACTS AND PROCEDURAL BACKGROUND

The Parties and the Judgment in the Underlying Action

Dr. Jeng-Cheng Ho (Creditor) was raised in Taiwan. He came to the United States to attend dental school, married, and opened a dental practice in the Los Angeles area in 1986. Shih-Ming Hsieh (Debtor) met Creditor’s sister Cheng-Fang Ho (Debtor’s Wife) in…

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