International Space Optics v. Hamasaki CA4/3

FACTS

As described fully in a prior opinion (International Space Optics, S.A. v. Hamasaki (Dec. 14, 2012, G045656) [unpub. opn.]), the Hamasakis (among other defendants) obtained a defense verdict in a jury trial. Judgment was entered in favor of the Hamasakis and against plaintiff International Space Optics, S.A. (ISO) on August 16, 2011. The judgment included an award of attorney fees and costs in favor of the Hamasakis and against ISO in excess of $700,000. The court issued a writ of execution to the Hamasakis on August 25, 2011. (See §§ 699.510, 699.520.) On or about August 30, 2011, the Orange County Sheriff‟s

1 All statutory references are to the Code of Civil Procedure.

2 Department (Sheriff) levied on cash assets of ISO in the amount of $27,775.61. (See § 700.010 et seq.) It appears the Sheriff levied upon deposit accounts (§ 700.140), as the record indicates the funds were held by Wells Fargo and Union Bank. Presumably, the banks complied with their duty to “deliver to the levying officer any of the property levied upon.” (§ 701.010, subd. (b)(1).) On September 19, 2011, Oswald filed verified amended third-party claims 2 with the Sheriff. Oswald contended the Trust had…