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Hellman v. Anderson, 284 Cal. Rptr. 830 (1991)
A partnership interest can be a valuable asset. Partners are entitled to receive distributions and have rights to partnership property. Under what circumstances can a creditor pursue a debtor partner’s interest in the partnership? We explore that question in Hellman versus Anderson.
Fred Hellman filed various lawsuits against John Anderson. Although the parties settled the suits, Anderson failed to pay Hellman as was required by the settlement agreements. As a result, Hellman obtained a judgment for more than four hundred forty thousand dollars against Anderson.
After several unsuccessful attempts to enforce the judgment, Hellman obtained a charging order against Anderson’s interest in a general partnership called Rancho Murieta Investors. This order directed Rancho Murieta to pay any partnership distributions owed to Anderson directly to Hellman. However, Rancho Murieta wasn’t generating any profit at that time.
Hellman sought a court order to foreclose on and sell Anderson’s partnership interest. Anderson and Eric Tallstrom, Anderson’s partner in Rancho Murieta, opposed the order. Anderson argued that a foreclosure sale isn’t permitted if the partnership itself isn’t the debtor. And Tallstrom, having not consented to the sale, asserted that a sale can’t be ordered without the nondebtor partner’s consent.
The trial court found that the nondebtor partner’s consent wasn’t required and ordered the foreclosure and sale. Anderson and Tallstrom appealed to the California Court of Appeal.
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