Blunt

Contract Liquidator Corp. v. Blunt

Good Law
12 Cal. Rptr. 254·190 Cal. App. 2d 875·190 Cal. App. Supp. 2d 875·1961 Cal. App. LEXIS 2383
Appellate Division, Superior Court of CaliforniaMarch 17, 1961Civ. A. No. 10217California1,279 words

Opinion

Lead Opinion

Swain, J.

Pursuant to judgment herein, on November 1, 1960, the ■ plaintiff caused a writ of execution to be levied by the Marshal of me Municipal Courts of the County of Los Angeles on all personal property, money and credits in the possession or under control of the San Fernando Valley Federal Savings and Loan Association, belonging to the defendant. The ;Savings and Loan answered, “I am holding under said garnishment the following property belonging to the defendant (Pending- final action on Affidavit and Claim of Exemption a copy of which is attached) Savings Share Account in the sum of $419.09 . . . and standing in the name of Bertha Blunt. ’ ’

The defendant had filed with a marshal an affidavit claiming exemption from execution of her “share account and all funds on deposit” with the savings and loan association, under the provisions of section 690.21 of the Code of Civil Procedure and sections 7611 and 11000 of the California Financial Code.

The plaintiff filed an affidavit in opposition to the claim of exemption, stating “That the claim of exemption filed on behalf of defendant is not valid as the cited Code Section therein applies to share accounts, and the return of the…

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