Garcia v. Garcia CA5
Plaintiffs borrowed money and guaranteed other loans in connection with a real estate development. The development failed, the loans went into default, and in April 2010 the bank obtained a $2.4 million judgment against plaintiffs. To collect its judgment, the bank foreclosed on real property collateral worth about $1.1 million and obtained a charging order against plaintiffs’ one-half economic interest in two California limited liability companies. (Former Corp. Code, § 17302 [charging orders].) When the limited liability companies made no payments subject to the charging order, the bank foreclosed on the “economic interests” plaintiffs held in the companies. At the foreclosure auction, the bank credit bid and purchased the economic interests for $1.5 million. After the foreclosure, the limited liability companies sold their real estate, ceased their farming operations, and distributed over $5 million to the bank as the holder of 50 percent of the economic interests in
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