Kono

Kono v. Meeker

Good Law
126 Cal. Rptr. 3d 208·196 Cal. App. 4th 81·2011 Cal. App. LEXIS 684
Court of Appeal of CaliforniaJune 3, 2011No. C065406California2,455 words

Opinion

Lead Opinion

Robie, J.

*84 Opinion

Defendants Lawrence R. Meeker and Carole J. Meeker (collectively the Meekers) argued unsuccessfully in the trial court that inventory items sold by their retail antiques.business are exempt from levy of execution to enforce a money judgment because they constitute the “tools of the[ir] trade.” (See Code Civ. Proc., 1 § 704.060, subd. (a).) We conclude the trial court correctly determined that items from the Meekers’ inventory of antiques are not exempt from levy and affirm the order denying their claim of exemption.

BACKGROUND

The Meekers are antique dealers, doing business as Antiques of a Mechanical Nature and Patented-Antiques.com. They deal almost exclusively in antique patented or mechanical devices, including tools and what they describe as “technology-related antiques.” The vast majority of the items offered for sale on the Meekers’ Web sites are sold on consignment by third parties (as to which the Meekers receive a percentage of the sale); the balance are items owned by the Meekers when they are offered for sale.

Plaintiff and respondent Dana Wayne Kono obtained a California judgment based on a 2006 sister-state judgment rendered in Iowa in favor of Kono…

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