Judge: Armen Tamzarian, Case: BC589225, Date: 2023-03-23 Tentative Ruling

Case Number: BC589225    Hearing Date: March 23, 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.

Golden’s application meets the requirements under Code of Civil Procedure section 704.750, et seq.  The declaration of Neil Kantor includes sworn statements that: (a) there is no homeowner’s exemption or disabled veteran’s exemption for the dwelling, (b) the dwelling is not a homestead, (c) the amounts of any liens or encumbrances and the names and addresses of each person with a lien or encumbrance, and (d) the judgment is not based on a consumer debt. 

Upon a proper application, “the court shall set a time and place for hearing and order the judgment debtor to show cause why an order for sale should not be made in accordance with the application.”  (CCP § 704.770(a).)  The court will therefore order judgment debtor George Mkitarian to show cause why the property should not be sold.  Judgment creditor Golden must comply with the service requirements under Code of Civil Procedure section 704.770(b).

The application is granted.  The court will modify the hearing date on the proposed order to show cause and sign the order.