Peck

Peck v. Hagen

Good Law
1989 Cal. App. LEXIS 1349·215 Cal. App. 3d 602·263 Cal. Rptr. 198
Court of Appeal of CaliforniaOctober 18, 1989No. B037113California2,725 words

Opinion

Lead Opinion

Johnson, J.

Appellants Robert M. Peck, as trustee of the Robert M. Peck, M.D., Inc. Defined Benefit Pension Trust, and Ruth R. Peck (collectively referred to as Peck) appeal from an order quashing their levies of execution. We conclude the trial court erroneously quashed the levies of execution rather than resolving any issues of priority through the appropriate statutory scheme. The judgment is reversed.

Statement of Facts and Proceedings Below

On October 1, 1986, Peck commenced an action against Stephen Henry (Henry) and various defendants for breach of contract and money had and *605 received. Peck filed writs of attachment against real property held by Henry (the property) on October 14, 1986. On October 31, 1986, the writs of attachment, along with notices of attachment and the right to attach orders, were recorded in Los Angeles County.

The property was encumbered by various liens in addition to Peck’s writs of attachment. Great Western Bank held a first trust deed and Wilshire Bank held a second trust deed on the property. A third lien was held by Henry’s wife. Pursuant to a marital settlement agreement between Henry and his wife, Susie, dated December 27, 1981, Henry…

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