FirstMerit Bank v. Reese

Plaintiff-appellant FirstMerit Bank, N.A. sought to enforce a money judgment against defendant-respondent Diana Reese by applying for an order assigning Reese’s interest in two trusts to FirstMerit and an order restraining her from otherwise disposing of her right to payment under the trusts. The trial court denied the motion. FirstMerit appealed, arguing: (1) Cod Civ. Proc. section 708.510 gave the trial court authority and jurisdiction to order Reese to assign FirstMerit funds she receives from the trusts; (2) section 708.520 gave the court authority to issue an order restraining Reese from transferring her interest in the trusts; and (3) section 709.010 did not affect the court’s authority or jurisdiction to enter such orders. Finding no reversible error, the Court of Appeal affirmed. View "FirstMerit Bank v. Reese" on Justia Law