Opinion
Case No.: 2:10-CV-02751-WBS-GGH
02-04-2013
CENTURY 21 REAL ESTATE LLC, a Delaware Limited Liability Company formerly known as Century 21 Real Estate Corporation, Plaintiff, v. ALL PROFESSIONAL REALTY, INC., a California corporation doing business as CENTURY 21 ALL PROFESSIONAL; STEVEN M. WRIGHT, an individual; and CAROL WRIGHT, an individual, Defendants.
[Consolidated with Case Nos. 2:10-
02846 WBS GGH and 2:11-02497
WBS GGH.]
ORDER GRANTING MOTION TO
QUASH WRIT OF EXECUTION OR
IN THE ALTERNATIVE UPHOLD
CLAIM OF EXEMPTION
This motion came on for hearing on February 4, 2013 at 2:00 p.m. Bret R. Rossi from the Law Offices of Bret R. Rossi appeared on behalf of the moving party and Defendants, All Professional Realty, Inc., Carol Wright, and Steven M. Wright (collectively the "Defendants"). Aaron Rudin from Gordon & Rees, LLP appeared on behalf of the Plaintiff, Century 21 Real Estate, LLC ("Century 21").
Based upon the evidence submitted and upon the testimony of Tami Wright at the hearing, the court finds that the money levied upon in the All Professional Realty, Inc. dba Century 21Property Management Trust Account at American River Bank are trust funds and thereby exempt from execution pursuant to California Financial Code section 17410(a) and Code of Civil Procedure section 695.030.
IT IS THEREFORE ORDERED that the claim of exemption is hereby sustained and that the funds that were delivered to the United States Marshal by American River Bank are hereby ordered to be immediately returned to American River Bank and deposited into the All Professional Realty, Inc., dba Century 21 Property Management Trust Account forthwith.
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WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE