Zohrabian

Zohrabian v. PNC Bank CA2/4

Good Law
Court of Appeal of CaliforniaMay 19, 2023B316041California3,156 words

Opinion

Opinion

INTRODUCTION

After being served with a levy, a third person has a duty to pay obligations owing to the judgment debtor by delivering them to the levying officer unless there is “good cause” not to do so. (Code Civ. Proc., § 701.010.)1 Talin Zohrabian filed a complaint against BBVA USA (BBVA), a bank, for failure to seize funds in a trust account after being served with writs of execution and notices of levy.2 In response, BBVA moved for summary judgment, contending it had good cause for not delivering the funds held in the trust account to the levying officer absent a court order authorizing seizure of funds from that account. The trial court granted BBVA’s motion, concluding Zohrabian failed to proffer any evidence to dispute BBVA’s contention that it had good cause to decline to deliver the trust account funds to the levying officer. For the reasons discussed below, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In 2015, Zohrabian obtained a judgment against nonparties Xavier Mitchell and Dane Belle (the judgment debtors) in the amount of $24,295.00 in a case entitled Talin Zohrabian v. Xavier

1 All further undesignated statutory references are to the Code of Civil…

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