Marriage of Aguina and Kang CA4/2

Good Law
Court of Appeal of CaliforniaDecember 11, 2014E058806California2,343 words

Opinion

Opinion

I. INTRODUCTION

In this marital dissolution proceeding, appellant Choong-Dae Kang (wife), appeals

from the family court’s May 14, 2013, order discharging several prejudgment writs of

attachment against real properties owned by respondent Aguina Aguina (husband). The

writs were issued pursuant to a February 14, 2011, order in Kang et al. v. Aguina,

Riverside County Superior Court case No. RIC10019528 (the civil case). Kang and

several members of her family filed the civil case against Aguina, seeking to recover over

$1.2 million in loans that Kang’s mother, who died in 2008, allegedly made to Aguina so

he could make various real property investments. The civil case was still pending when

the family court ordered the writs discharged.

Kang claims the family court lacked jurisdiction to order the writs discharged and

violated her due process rights because it ordered the writs discharged without notice to

her or an opportunity to be heard. We conclude Kang has failed to demonstrate

reversible error. The record does not support Kang’s claim that the writs were discharged

without notice to her, and affirmatively shows the family court had jurisdiction to order

the writs…

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