Judge: Craig Griffin, Case: "Covenant Care California, LLC v. Royal Aces Plumbing, Inc., et. al.", Date: 2023-05-22 Tentative Ruling

The unopposed Application for Issuance of Order for Sale of Dwelling and Issuance of Order to Show Cause Why Order for Sale of Dwelling Should Not be Made (“Application”), filed by plaintiff and judgment creditor Covenant Care California, LLC (“Covenant”) is GRANTED.

On March 13, 2023, set a hearing on 5/22/23 at 2:00 p.m. for an Order to Show Cause Re: Why Order for Sale of Dwelling Should Not be Made.

CCP §704.770(b) requires that service of the required documents be made on the judgment debtor as follows:  “(b) Not later than 30 days before the time set for hearing, the judgment creditor shall do both of the following: (1) Serve on the judgment debtor a copy of the order to show cause, a copy of the application of the judgment creditor, and a copy of the notice of the hearing in the form prescribed by the Judicial Council. Service shall be made personally or by mail. (2) Personally serve a copy of each document listed in paragraph (1) on an occupant of the dwelling or, if there is no occupant present at the time service is attempted, post a copy of each document in a conspicuous place at the dwelling.”

Covenant has complied with CCP §704.770(b) by submitting a satisfactory proof of service showing service of the following seven documents on the two judgment debtors:  1. Application For Issuance of Order For Sale of Dwelling and Issuance of Order to Show Cause Why Order For Sale of Dwelling Should Not Be Made; And memorandum of Points And Authorities; 2. Declaration of Theodore G. Spanos in Support of Application For Issuance of Order For Sale of Dwelling and Issuance of Order to Show Cause Why Order For Sale of Dwelling Should Not Be Made; And Memorandum of Points and Authorities; 3. Declaration of Jeffrey S. Kerr, Certified Real Estate Appraiser in Support of Application For Issuance of Order For Sale of Dwelling; 4. Notice of Hearing On Right To Homestead Exemption (Enforcement Of Judgment), Form EJ-180; 5. Notice Of Hearing On Order To Show Cause Why An Order For Sale Of Dwelling Should Not Issue; 6. [Proposed] Order For Sale Of Dwelling; and 7. Minute Order Dated 03/13/2023.”  The POS shows that Genaro Canseco and Royal Aces Plumbing, Inc. were both served on 4/18/23 by U.S. Mail and on 4/17/23 “By posting in a conspicuous place on the property therein described, there being no person of suitable age or discretion to be found at any known place of residence or business of said tenants.”  (Photograph of the posting included along with POS)  In addition, Covenant submitted a supplemental declaration re POS stating that prior to posting, the process server made three personal service attempts on April 10, 11, and 12, 2023.

Accordingly, Covenant has COMPLIED with  CCP §704.770(b).  The declaration of Theodore Spanos also satisfies the requirements of CCP §704.760.

Covenant states the county tax assessor's records do not show a current homeowner's or disabled veteran's exemption. (Spanos Decl. at ¶7)  CCP §704.780(a)(1) states in part: “If the records of the county tax assessor indicate that there is not a current homeowner's exemption or disabled veteran's exemption for the dwelling claimed by the judgment debtor or the judgment debtor's spouse, the burden of proof that the dwelling is a homestead is on the person who claims that the dwelling is a homestead.”    Here, the application is unopposed and no evidence has been submitted by the judgment debtor.  Accordingly, the Court finds that the property is not exempt.

Covenant has submitted the declaration of Jeffrey S. Kerr, Certified Real Estate Appraiser who has appraised the value of the subject property at $990,000.  (Kerr Decl. at ¶4)  The Court finds this to be the fair market value of the subject property.

Accordingly, the Court GRANTS the application for issuance of an order that the subject property located at 119 W. Wilken Way, Anaheim, CA 92802 be sold and the proposed order will be entered herewith.

The Court orders counsel for Covenant to give notice of this ruling.