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FIRST CENT. COAST BK. v. CUESTA TIT. GUARANTEE CO.

Docket No. 67580.

143 Cal.App.3d 12 (1983)

191 Cal. Rptr. 433

FIRST CENTRAL COAST BANK, Plaintiff and Respondent, v. CUESTA TITLE GUARANTEE COMPANY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

May 17, 1983.

Attorney(s) appearing for the Case

COUNSEL

Wendt, Mitchell & De La Motte and Robert D. Wendt for Defendant and Appellant.

Burke, Smith, Helenius & Hayes and Carl E. Hayes for Plaintiff and Respondent.

OPINION

GILBERT, J.

This action arises out of an attempt by a judgment creditor to garnish funds in an escrow which were to be paid to the judgment debtor, a real estate broker, as his commission at the close of escrow.

We conclude that such funds are not subject to levy by way of garnishment by a judgment creditor prior to the close of escrow when not all conditions of escrow...

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