McMahon

PALACIO DEL MAR HOMEOWNERS ASSN., INC. v. McMahon

Good Law
174 Cal. App. 4th 1386·2009 Cal. App. LEXIS 955·95 Cal. Rptr. 3d 445
Court of Appeal of CaliforniaJune 16, 2009G040349, G040412California1,894 words

Opinion

Opinion

Ikola, J.

Defendant Arnold A. McMahon (McMahon) appeals from a postjudgment order directing him to turn over a domain name to plaintiff Palacio Del Mar Homeowners Association, Inc. (Palacio), to aid the execution of its judgment against McMahon. But Palacio cannot obtain an order directing the turnover of intangible property directly to it. And Palacio failed to show McMahon is in possession of the domain name. We reverse.

FACTS

As protracted litigation snowballed, Palacio obtained a $40,000 judgment against McMahon for attorney fees incurred defending against McMahon’s frivolous anti-SLAPP motion. (Palacio IV, supra, G038622 [affirming attorney fee award].) Palacio obtained a writ of execution. (Palacio V, supra, G039245 [dismissing appeal from order granting writ]; see Code Civ. Proc., § 699.510.) The levying officer received two employer returns, but ultimately returned the writ unsatisfied to the court on the date it expired: February 27, 2008. (Palacio V, supra, G039245; see §§ 699.530, subd. (b), 699.560, subd. (a)(4).)

In the meantime, Palacio conducted a judgment debtor examination of McMahon on February 2, 2008. (§ 708.110, subd. (a).) McMahon conceded he had…

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