Morimoto v. Morimoto
Filed 3/20/06 Morimoto v. Morimoto CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| WALTER MORIMOTO et al., Plaintiffs and Respondents, v. SANDRA D. MORIMOTO et al., Defendants and Appellants. |
F047030
(Super. Ct. No. 04CECG03224)
OPINION |
APPEAL from an order of the Superior Court of Fresno County. Donald S. Black, Judge.
Joseph A. Uremovic for Defendants and Appellants.
Gilmore, Wood, Vinnard & Magness, Gerald D. Vinnard and David M. Gilmore for Plaintiffs and Respondents.
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This is an appeal from a preliminary injunction issued against a party and her attorney. We will conclude the trial court did not err, in effect, in sequestering the funds that were the subject of the preliminary injunction. We also conclude, however, that the written order for preliminary injunction contains clerical error and does not completely reflect the trial court's oral pronouncement of the injunction. Accordingly, we will modify the preliminary injunction and affirm the injunction as modified.
Facts and Procedural History
Appellant Sandra D. Morimoto exercises her father's 50 percent partnership interest in M Ag partnership by virtue of a power of attorney from her father, Shiro Morimoto. Appellant Joseph A. Uremovic is her attorney. Respondent Walter Morimoto is Shiro's brother and the owner of the other 50 percent interest in M Ag. M Ag, in turn, owns a 50 percent partnership interest in Palm Ranch, another partnership. WS Farms owns the other half of the Palm Ranch partnership.
A dispute arose over the proceeds of the sale of real estate by Palm Ranch. Sandra removed approximately $190,000 from the Palm Ranch bank account. She gave WS Farms $20,000 of this money and gave the remainder to Uremovic with instructions to hold it in an interest bearing trust account. Uremovic opened an account separate from his general client trust account and deposited the money.
Walter sued Sandra and Uremovic and obtained a temporary restraining order and order to show cause. The temporary restraining order provided, in relevant part:
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