Judge: Armen Tamzarian, Case: BC589225, Date: 2023-02-02 Tentative Ruling

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Case Number: BC589225    Hearing Date: February 2, 2023    Dept: 52

Judgment Creditor Gary Golden’s Application for Order to Show Cause as to Why the Court Should not Issue an Order for Sale of Dwelling

Judgment creditor Gary Golden applies for the court to issue an order to show cause regarding sale of a dwelling at 202 4th Ave., Venice, CA 90291, which judgment debtor George Mkitarian owns.

A judgment creditor’s application for sale of a dwelling “shall be made under oath, shall describe the dwelling, and shall contain” various statements, including “(c) A statement of the amount of any liens or encumbrances on the dwelling, the name of each person having a lien or encumbrance on the dwelling, and the address of such person used by the county recorder for the return of the instrument creating such person’s lien or encumbrance after recording” and “(d) A statement [whether] the judgment is based on a consumer debt… and if the judgment is based on a consumer debt, whether the judgment is based on a consumer debt that was secured by the debtor’s principal place of residence at the time it was incurred or a statement indicating which” statutory exemptions apply.  (CCP § 704.760.)

Judgment creditor Golden’s application does not meet these requirements.  Only the memorandum of points and authorities includes a statement of the amounts of liens and the lienholders’ names and addresses.  (Memo, pp. 4-5.)  That statement is not under oath as required.  The application also does not state whether the judgment is based on a consumer debt.

Judgment creditor Gary Golden’s application for an order to show cause regarding sale of dwelling is denied without prejudice.