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SABA v. STROUP

No. A085812.

88 Cal.Rptr.2d 746 (1999)

74 Cal.App.4th 1254

Nora E. SABA, Plaintiff and Respondent, v. Bobby Jehu STROUP, Defendant and Appellant.

Court of Appeals of California, First District, Division One.

Review Denied December 15, 1999.

Attorney(s) appearing for the Case

Law Offices of William L. Osterhoudt, William L. Osterhoudt, Ann C. Moorman and Joseph P. Parisi, San Francisco, for Defendant and Appellant.

Nancy L. Roeser, for Plaintiff and Respondent.

STRANKMAN, P.J.

A judgment creditor garnished cash seized by a county sheriff during an arrest of the judgment debtor on an unrelated criminal matter. The judgment debtor claimed a public policy exemption for property seized by law enforcement officers from an arrestee. (Emmanuel v. Sichofsky (1926) 198 Cal. 713, 715, 247 P. 205.) The trial court denied the debtor's claim of exemption and ordered the cash released to the creditor. We reverse the order.

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