Lea v. Strebe

SHEPARD, J.

This is an appeal by plaintiff from an order granting a “motion to quash levy of writ of attachment” as to any interest owned by the defendant incompetent ward, George L. Strebe, and his estate.

Facts

The facts appearing in the record before us are not in conflict. In general essence they are as follows: On September 25, 1959, Warren F. Strebe was appointed guardian of the estate of George L. Strebe, an incompetent person, and at all times thereafter has remained the duly qualified and acting guardian of said estate. On December 11, 1959, the guardianship proceeding was transferred by court order to the Superior Court of Riverside County. The principal asset of said estate consisted of a business in Palm Springs known as “The Doll House.”

On

March 11, 1960, this action was commenced

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naming said incompetent and his guardian as defendants. The action is based on an alleged promissory note in the principal amount of $8,000 signed “Doll House, by Ethel S. Strebe,

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’ and dated April 7, 1959. On the same day this action was filed plaintiff filed her undertaking on attachment, secured from the clerk the issuance of a writ of attachment and caused the writ to be levied on said business by the constable of the Palm Springs Judicial District. On March 11, 1960, defendant guardian Warren F. Strebe, respondent herein, deposited with said constable a bond for release of attachment and said attachment was released. On July 15, 1960, respondent guardian gave notice of motion to quash the levy of said writ of attachment. The motion was heard and granted August 5, 1960, in the following language: “The motion to quash attachment as to any interest owned by the Ward, George Strebe, who is under Guardianship, is granted, but otherwise denied. ’ ’ Plaintiff appeals.

Other background facts which do not appear in the record but which are recited in the briefs of the parties with no contradiction show that George and Ethel Strebe, husband and wife on October 16, 1956, were operating said business; that on that date George was adjudicated an incompetent by the Superior Court of Los Angeles County and Ethel was appointed guardian of his estate; that in the guardianship proceedings she listed as an asset an undivided one-half interest in said business; that on March 13, 1958, Ethel filed an action for divorce against George in the Superior Court of Riverside County; that on February 20, 1959, Warren F. Strebe filed in the guardianship proceedings a petition for removal of Ethel as such guardian and that on June 18, 1960, an interlocutory decree of divorce was rendered in favor of Ethel.