Kalikas v. American Contractors Indemnity Co.
Anthony E. Kalikas and American Contractors Indemnity Co. (together Cross-defendants) appeal a judgment entered against them on the cross-complaint for wrongful attachment filed by defendants William (Bill) Mastrodimos and Margaret O'Byrne, as cotrustees of the Mastrodimos/O'Byrne Family Trust (Family Trust) and William Mastrodimos, as trustee of the Country Comfort Trust (CC Trust) (together Defendants). On appeal, Cross-defendants contend the trial court erred (1) in interpreting Civil Code section 3439.07[1] as not independently authorizing the provisional attachment of Defendants' property pending Kalikas's fraudulent transfer action against them, and (2) finding Kalikas wrongfully levied on Defendants' property. Based on our reasoning below, we conclude the trial court correctly interpreted section 3439.07 and found Kalikas wrongfully attached Defendants' property.
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