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WHITEHOUSE v. SIX CORP.

Docket No. B079794.

40 Cal.App.4th 527 (1995)

48 Cal. Rptr.2d 600

SHELDON WHITEHOUSE, Plaintiff and Respondent, v. SIX CORPORATION et al., Defendants; SAMMY JO REEDER et al., Third Party Claimants and Appellants.

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

November 21, 1995.

Attorney(s) appearing for the Case

COUNSEL

David J. Gallo and Michael P. Fedynyshyn for Third Party Claimants and Appellants.

Andre, Morris & Buttery and James C. Buttery for Plaintiff and Respondent.

No appearance for Defendants.

OPINION

GILBERT, J.

A creditor attaches real property. The party claiming ownership of the property asserts a third party claim pursuant to Code of Civil Procedure section 720.110 et seq.1 The third party has the burden of proving an interest in the subject property by a preponderance of the evidence. (§ 720.360.)

We hold that when a creditor resists the claim by asserting the property has...

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