Kapelus v. Family Health Foundation

court denying its motion made pursuant to section 675 of the Code of Civil Procedure to compel plaintiff to execute a satis-,, faction of judgment or in the alternative to secure an, order' entering a satisfaction of judgment.

Plaintiff (judgment creditor and garnishor) obtained a judgment- against the defendant (judgment debtor) for the sum of $7,988.75, which judgment was entered May 13, 1966. No appeal was taken therefrom, and it is final.

On June 20, 1966, plaintiff garnished

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the Los Angeles

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County Employees Association (garnishee), which answered “Not Indebted.” Plaintiff thereafter obtained an order for the examination of the garnishee as a debtor of the defendant-judgment-debtor pursuant to section 719 of the Code of Civil Procedure. Following a supplemental examination of the garnishee, a commissioner of the superior court

qua

referee made an order on October 27, 1966, the pertinent portions of which read:

“Garnishee Dos Angeles County Employees Association was indebted to judgment debtor herein, on date of levy of writ of attachment, in sums exceeding amount required to satisfy judgment subsequently entered. Garnishee, on said date of levy, had good faith offset claims against judgment debtor at least equivalent to sums it then owed judgment debtor. Garnishee waived its right of offset by exhibit A[

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] and its performance of said exhibit’s terms, [fl] Garnishee is now in the same position, as' far as judgment creditor is concerned, as though it had retained in its possession sufficient money to fully satisfy the judgment. Garnishee is liable to judgment creditor in the sum of $7,988.75, plus interest thereon at 7% from date of entry of judgment until paid. Said sum is ordered delivered forthwith by garnishee to judgment creditor.”

On November 4, 1966, the garnishee appealed from this order. As the result of a settlement entered into between plaintiff and garnishee, the garnishee paid to plaintiff $5,000 and executed an “abandonment of appeal without prejudice,” and plaintiff executed a partial satisfaction of judgment to the extent of $5,000 on February 2, 1967 (filed February 3,1967) and a document entitled, “Satisfaction of Order’-’ on February 20, 1967 (filed March 14, 1967). There is no dispute that the referee’s order of October 27, 1966, was the- order to. which the so-called satisfaction of order was to apply.