Howard, Strickroth & Parker v. BalboaBay Club
Plaintiff and appellant Howard, Strickroth & Parker (the Howard Firm) appeals from a judgment of dismissal after the trial court sustained, without leave to amend, the demurrer of the Balboa Bay Club, Inc., (the Club) to the Howard Firms conversion and constructive trust causes of action, and granted judgment on the pleadings against its declaratory relief claim.
We conclude the trial court in the present case did not err. The James Trust was at best a contingent beneficiary of the levied funds held by the Club at the time the James Trust created the Howard Firms lien. Accordingly, the Howard Firm could obtain no greater interest in the funds than that held by the James Trust. Because the James Trusts unqualified right to the levied funds never materialized, the lien never attached to those funds. Court therefore affirm.
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