Guasch

Guasch v. Guasch

Good Law
134 Cal. Rptr. 3d 358·201 Cal. App. 4th 942
Court of Appeal of CaliforniaDecember 8, 2011No. H036582California2,535 words

Opinion

Lead Opinion

Elia, J.

Appellant Pamela Carmody served a writ of execution on community property held by respondents Charlene and James Guasch, who were undergoing marital dissolution proceedings. The family court granted Charlene’s request to quash the writ of execution and enjoin further enforcement of a default judgment appellant had obtained against James after his separation from Charlene. Appellant contends that the court should have applied Code of Civil Procedure section 529 (hereafter, section 529) by requiring Charlene to post a bond to secure payment of James’s debt. We disagree and affirm the order.

Background

Charlene filed a petition for dissolution of her marriage to James on April 18, 2006. By stipulation appellant was joined in the proceeding. Both before and during the divorce proceedings James expressed threats and a desire to kill Charlene, and in June 2007 he solicited Charlene’s murder, for which he *945 was subsequently convicted. 1 Appellant, who was James’s girlfriend, was convicted by plea in November 2007 as an accessory to the solicitation, among other offenses.

On April 28, 2010, appellant obtained a default judgment against James for $224,177.61, resulting from…

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