Judge: Douglas W. Stern, Case: 19STCP02468, Date: 2022-10-06 Tentative Ruling

Case Number: 19STCP02468    Hearing Date: October 6, 2022    Dept: 52

Tentative Ruling:

Judgment Creditor Nextwave Enterprises LLC’s Application for Order for Sale of Dwelling and Issuance of Order to Show Cause as to Why an Order for Sale of Judgment Debtor’s Dwelling Should Not Be Made

Judgment creditor Nextwave Enterprises LLC (Nextwave) applies for an order for sale of judgment debtor Youngran Cho’s dwelling, which is located at 14127 Avenida Espana, La Mirada, CA 90638.

On June 19, 2019, the court entered judgment against Cho in the amount of $334,641.99.  Postjudgment interest has accrued and continues to accrue at the rate of $92.27 per day.  The judgment has not been satisfied.  (Padian Decl., ¶ 3.)

Nextwave timely filed this application.  An application for an order to sell a dwelling must be made “[w]ithin 20 days after service of the notice” of levy by the levying officer.  (CCP § 704.750(a).)  The sheriff served notice of the levy on August 9, 2022 (Padian Decl., Ex. 3), and Nextwave filed this application on August 29.

Nextwave’s application includes everything required under Code of Civil Procedure, section 704.760.  It states under oath that public records show no current homeowner’s exemption or disabled veteran’s exemption for the dwelling.  (CCP § 704.760(a); Padian Decl., ¶ 9.)  It states there is no recorded homestead exemption.  (§ 704.760(b); Padian Decl., ¶ 13.)  It identifies the other liens and encumbrances on the dwelling.  (§ 704.760(c); Padian Decl., ¶ 10.)  Finally, it states the judgment is not based on a consumer debt.  (§ 704.760(d); Padian Decl., ¶ 17.)

The application is granted. 

Under Code of Civil Procedure section 704.770(a), the court finds good cause to set the order to show cause hearing later than 45 days after Nextwave filed this application. 

The court will modify the proposed order to show cause to set the hearing on November 14, 2022, at 9:00 a.m.