Robbins

Robbins v. Bueno

Good Law
1968 Cal. App. LEXIS 2288·262 Cal. App. 2d 79·68 Cal. Rptr. 347
Court of Appeal of CaliforniaMay 10, 1968Civ. No. 24247California2,275 words

Opinion

Lead Opinion

Christian, J.

This appeal is from an order which restrained a garnishment of funds in the possession of a receiver where the levy was attempted without the permission *81 of the trial court, and which enjoined appellant from selling, or causing ■ to he sold, homestead property awarded to respondent by a decree of divorce.

On September 25, 1961, respondent recorded a declaration of homestead under Civil Code section 1238 on a residence at 13425 Cheltenham Drive, Sherman Oaks. On the following day she filed a complaint for divorce against Henry Robbins. The resulting decree of divorce awarded custody of the couple's minor child to respondent; Henry Robbins was ordered to pay $50 per week child support and $75 per week alimony. The court found that the property homesteaded by respondent was separate property of Henry Robbins; it was awarded to respondent for life. In lieu of a grant of specific community property respondent was awarded a money judgment in the amount of $75,000. Henry Robbins’ assets were largely outside the State of California. Robbins had already left the state and had demonstrated a contumacious disregard of the court’s orders; accordingly, a receiver was appointed to take…

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