Donshen Testile v. Studio CL CA2/1

Filed 3/25/15 Donshen Testile v. Studio CL CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

DONSHEN TEXTILE (HOLDINGS) B253970 LTD., (Los Angeles County Plaintiff and Appellant, Super. Ct. No. BC469979)

v.

STUDIO CL CORPORATION et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of Los Angeles County. Mark Mooney, Judge. Affirmed. Hallstrom, Klein & Ward, Grant J. Hallstrom, Paul J. Kurtzhall for Plaintiff and Appellant. Schwimer Weinstein, Michael E. Schwimer, Zev Weinstein for Defendants and Respondents. ___________________________________

Donshen Textile (Holdings) Ltd. obtained a judgment against Leonard Rabinowitz and levied on his real property located in Los Angeles County, including his home, and sought to have the home sold in partial satisfaction of the judgment. At an order to show cause hearing, Donshen Textile argued the home was the community property of Leonard 1 and his wife, Kristen, its value exceeded all encumbrances, and it should therefore be ordered sold. Leonard opposed the application, arguing he owned no interest in the home because it was Kristen’s separate property, and even if he did own some portion of it, the value of his interest was less than the combined encumbrances and exemptions, and therefore it could not be ordered sold. The trial court denied Donshen Textile’s application on the ground that Donshen failed to establish the home was community property or to prove Leonard’s interest exceeded all encumbrances, liens and exemptions. We affirm. BACKGROUND In 2004, Kristen purchased a home on 10727 Wilshire Boulevard, in Los Angeles (the Wilshire property) using proceeds from the sale of her separate property as down payment. Leonard cosigned the purchase money loan and he and Kristen took title as joint tenants. In 2005, they transferred the property to the Kristen and Leonard Rabinowitz Revocable Trust, which they had created in 2000 and amended in 2004, and as to which they were both trustors and cotrustees. The trust contained the following restriction on alienability of real property: “The signature of both Trustors shall be required to sell, purchase, mortgage, or otherwise encumber, pledge or create restrictions on any real estate held by the Trustee.” The trust also provided, in section 2.1 (as amended in 2004), that “[u]pon revocation, community property shall be distributed to the Trustors and separate property shall be distributed to the Trustor who contributed it.”