Credit Suisse First Boston Mortgage Capital v. Danning Gill Diamond & Kollitz, No. B211584

Trial court's ruling in favor of Credit Suisse concluding that a lien that arises upon service of an order to appear at a judgment debtor examination applies to funds acquired by the plaintiff-law firm from the judgment debtor after the lien came into existence is reversed and remanded as the exception provided under Cal. Code Civ. Pro. section 697.740 is limited to letter of credit transactions, and the record does not unequivocally show that there was no letter of credit transaction in this case. 

Read Credit Suisse First Boston Mortgage Capital v. Danning Gill Diamond & Kollitz, No. B211584 [PDF]

Read Credit Suisse First Boston Mortgage Capital v. Danning Gill Diamond & Kollitz, No. B211584 [HTML]

Filed November 3, 2009

Judges

Opinion by Judge Flier

Counsel

For Appellant:  Frandzel Robins Bloom & Casato, Thomas M. Robins III and Peter Csato

For Appellee:  Danning, Gill, Diamond & Kollitz, Walter K. Oetzell and Uzzi O. Raanan