Oyakawa v. Gillett

Opinion

VOGEL, J.

Aracely G. Gillett and Richard Gillett are husband and wife. Ray Oyakawa sued Richard (but not Aracely) and won. Prior to entry of judgment, Richard and Aracely moved to Arizona. Judgment was entered and Richard appealed but he did not post a bond to stay execution. While that appeal was pending, Oyakawa attempted to garnish Richard’s Arizona wages. When Aracely and Richard opposed the garnishment on the ground that Arizona law prohibits execution against community property assets unless both spouses are named as judgment debtors, Oyakawa abandoned the Arizona proceedings,…