East West Bank v. Spiro
Defendant and appellant Mark Spiro (Spiro) appeals a right to attach order issued in favor of plaintiff and respondent East West Bank (bank). Spiros principal argument is that the order erroneously permits bank to attach certain real property in La Verne (Property). He contends that although he lives in the Property, the Property is owned by the Perry/Spiro 1995 Family Trust (Trust). Because bank did not establish that Spiro has an ownership interest in the Property, we modify the right to attach order to exclude any specific reference to it. As we shall explain, however, our opinion does not preclude bank from seeking to attach the Property pursuant to Code of Civil Procedure section 488.315.[1]
court also make a second modification to the right to attach order. Although bank claims that it is entitled to $75,845.65 in miscellaneous fees and charges, there is no substantial evidence in the record to support that claim. We therefore reduce the amount bank may attach by $75,845.65, that is, from $1,662,597.12 to $1,586,751.47. As modified, the right to attach order is affirmed.
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