709.010.
(a) As used in this section, “trust” has the meaning provided in Section 82 of the Probate Code.
(b) The judgment debtor’s interest as a beneficiary of a trust is subject to enforcement of a money judgment only upon petition under this section by a judgment creditor to a court having jurisdiction over administration of the trust as prescribed in Part 5 (commencing with Section 17000) of Division 9 of the Probate Code. The judgment debtor’s interest in the trust may be applied to the satisfaction of the money judgment by such means as the court, in its
discretion, determines are proper, including but not limited to imposition of a lien on or sale of the judgment debtor’s interest, collection of trust income, and liquidation and transfer of trust property by the trustee.
(c) Nothing in this section affects the limitations on the enforcement of a money judgment against the judgment debtor’s interest in a trust under Chapter 2 (commencing with Section 15300) of Part 2 of Division 9 of the Probate Code, and the provisions of this section are subject to the limitations of that chapter.
A judgment debtors interest as a beneficiary of a trust is subject to enforcement of a money judgment only upon petition under Code of Civil Procedure section 709.010. ( Id. at p. 413.) A court may not avoid the limitations on its authority under section 709.010, subdivision (b) by entering an order under section 708.510 that assigns a debtors interest as a trust beneficiary.
CAMERON MOORE VS LOST LANE, LLC, ET AL.
21STCV43011
Oct 31, 2023
Los Angeles County, CA
Nature of Proceedings: Petition: to Enforce Money Judgment Against Trust Beneficiary The petition is expressly authorized by Code of Civil Procedure section 709.010, as a petition by a judgment creditor to levy against a trust interest. However, the procedural mechanism for the petition is Probate Code section 17200, which provides for a petition to “[a]scertain[ ] beneficiaries and determin[e] to whom property shall pass” (Prob.Code, § 17200, subd.
MATTER OF THE VASQUEZ REVOCABLE FAMILY TRUST DATED AUGUST 28 1990 AND THE VASQUEZ ETC
21PR00135
Apr 27, 2021
Santa Barbara County, CA
Then does Code of Civil Procedure section 709.010, subdivision (b), apply? What about the rights of any co-settlor in the property? The ex parte application fails to address the foregoing issues and insufficiently demonstrates that this Court should issue an order for sale of the real property at issue. __________________ The Court uses Zoom exclusively for remote appearances in Department J6.
201900531375PRTR
Dec 13, 2023
Ventura County, CA
The petition is expressly authorized by Code of Civil Procedure section 709.010, as a petition by a judgment creditor to levy against a trust interest and Probate Code section 15300 et seq. However, the procedural mechanism for the petition is Probate Code section 17200, which provides for a petition to “[a]scertain[ ] beneficiaries and determin[e] to whom property shall pass” (Prob.Code, § 17200, subd.
MATTER OF THE GERALDINE JO BENNETT TRUST
20PR00307
May 05, 2021
Santa Barbara County, CA
Nature of Proceedings: Petition: to Enforce Money Judgment Against Trust Beneficiary The petition is expressly authorized by Code of Civil Procedure section 709.010, as a petition by a judgment creditor to levy against a trust interest. However, the procedural mechanism for the petition is Probate Code section 17200, which provides for a petition to “[a]scertain[ ] beneficiaries and determin[e] to whom property shall pass” (Prob.Code, § 17200, subd.
MATTER OF THE VASQUEZ REVOCABLE FAMILY TRUST DATED AUGUST 28 1990 AND THE VASQUEZ ETC
21PR00135
Apr 27, 2021
Santa Barbara County, CA
Mar 19, 2021
Active
Santa Barbara County
Santa Barbara County, CA
Oct 14, 2003
Other
Contra Costa County
Contra Costa County, CA
Jan 03, 2020
Closed
Stockton
San Joaquin County, CA
Mar 14, 2016
Non-Jury Verdict
Kern County
Kern County, CA
Mar 12, 2014
Closed
Santa Clara
Santa Clara County, CA
Section 709.020.
11 pages
WNUAL NR SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Apr-08-2010 10:43 am Case Number: CJC-05-004450 Filing Date: Apr-08-2010 10:28 Juke Box: 001 Image: 02813533 ORDER BACH CASES 001002813533 Instructions: Please place this sheet on top of the document to be scanned.a CHARLES M. RIFFLE, SBN 54410 F I ‘ MELISSA R. KARLSTEN, SBN 220976 San Francisco County Superior Court BRIAN E. KULICH, SBN 233296 AARON, RIECHERT, CARPOL & RIFFLE, APC APR 08 2010 900 …
San Francisco County, CA
Apr 08, 2010
COORDINATION
Preview
EF D F H L SUPERIOR COURT CALMIORNIA JacquesPowers …
5 pages
1 Michael G. Desmarais, Esq. (SB# 056876) LAW OFFICE OF MICHAEL G. DESMARAIS 2 The Trinity Building 16450 Los Gatos Boulevard, Suite 208 ELECTRONICALLY 3 Los Gatos, California 95032 Tel: (408) 356-6886 F I L E…
Feb 28, 2014
San Francisco County, CA
Jul 19, 2022
OTHER NON EXEMPT COMPLAINTS (OTHER EMPLOYMENT)
7 pages
co Oo ND HW BF WY HS NM WY NY NY KY DWN Re a a ek ND WwW FSF WN =~ DG Oe AN DH FF WHY KF 28 Paton, Tyler, Winer \ilyek & Viatoron LLP ‘torneys st Law PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP John R. Lister, Bar No. 105979 2603 Main Street East Tower - Suite 1300 Irvine, California 92614-4281 Telephone: (949) 851-9400 Faesumile: (949) 757-1225 Attorneys for Petitioner and Judgment Creditor KAREN J. CASEY ELECTRONICALLY FILED Superior Court of California, County of San Francisco S…
May 17, 2010
San Francisco County, CA
Sep 10, 2013
TRUST (petition to remove trustee; to appoint successor trustee; for order compelling turn ove rof trust document, accounting and payment of attorney fees)
5 pages
Michael G. Desmarais, Esq. (SBJJ 056876) LAW OFFICE OF MICHAEL G. DESMARAIS The Trinity Building 16450 Los Gatos Boulevard, Suite 208 ELECTRONICALLY Los Gatos, California 95032 Tel: (408) 356-6886 …
Feb 28, 2014
San Francisco County, CA
Aug 08, 2022
OTHER NON EXEMPT COMPLAINTS (OTHER EMPLOYMENT)
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