Legal Opinion

O'Brien v. Ambs Diagnostics, LLC

California Court of Appeal, 5th District

Decided August 8, 2019No. B288072Published

1Opinion of the CourtHoffstadt, J.

*556A judgment creditor sought to collect a money judgment from a debtor's individual retirement accounts. Mere weeks after we ruled in a published decision that the accounts were only partially exempt from levy pursuant to Code of Civil Procedure section 704.115, subdivisions (a)(3) and (e)1 ( O'Brien v. AMBS Diagnostics, LLC (2016) 246 Cal.App.4th 942, 201 Cal.Rptr.3d 305 ( O'Brien II )),2 the debtor formed a new limited liability company, directed the company to adopt a 401(k) retirement plan, transferred the money in his individual retirement accounts to the 401(k) plan, and claimed that the…

2Cases cited23 opinions

  1. Patterson v. ShumateSupreme Court of the United States · 1992
  2. Hoover v. American Income Life InsuranceCalifornia Court of Appeal · 2012
  3. Boling v. Public Employment Relations BoardCalifornia Supreme Court · 2018
  4. Imperial Bank v. Pim Electric, Inc.California Court of Appeal · 1995
  5. People v. Superior Court (Jones)California Supreme Court · 1998

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