Judge: Elaine W. Mandel, Case: 24SMCP00310, Date: 2024-09-09 Tentative Ruling
Case Number: 24SMCP00310 Hearing Date: September 9, 2024 Dept: P
Tentative Ruling
Giuliani Construction and Restoration, Inc. v. Alfaro,
Case No. 24SMCP00310
Hearing Date: September 9, 2024
Giuliani Construction and Restoration Inc.’s Application
for an Order to Sell Real Property of Judgment Debtor - UNOPPOSED
Giuliani Construction and Restoration Inc. ("GCR")
sued defendant Alfaro for breach of contract arising out of a residential
construction project. Alleging Alfaro made no payments, GCR moves for a sale of
defendant’s property to satisfy the judgment. No opposition has been
filed.
A judgment creditor applying for sale of a dwelling must
comply with Code Civ. Proc. §704.760. A judgment creditor’s application for
sale of dwelling to satisfy a judgment must be made under oath and state
whether the records of the county tax assessor indicate a homeowner’s exemption
or disabled veteran’s exemption for the dwelling and the person or persons who
claimed such exemption, a statement as to whether the dwelling is a homestead
and the amount of the homestead exemption, a statement of any liens or
encumbrances on the dwelling, and a statement that the judgment is or is not
based on consumer debt and if it is based on consumer debt whether the debt was
secured by the debtor’s principal place of residence. Code Civ. Proc. §704.760,
subds. (a)-(d). When a judgment creditor files an application that complies,
the court sets a hearing where the judgment debtor must show cause why an order
for sale of the dwelling should not be made. Code Civ. Proc. §704.770.
The amount of the homestead exemption is capped by Code Civ.
Proc. §704.730. When an application is made, the court shall determine the
amount of the homestead exemption and will order a sale of dwelling subject to
the exemption unless the court determines the sale of the dwelling would not be
likely to produce a bid sufficient to satisfy any part of the amount due on the
judgment. Code Civ. Proc. §704.780.
The motion describes the dwelling located at 3401 S Bentley
Ave, #106, Los Angeles, California 90034, Lot 1, Tract No. 61044, as a
condominium unit with common areas, a balcony, patio, deck, and parking. Mot.
¶4. No homeowner's exemptions have been recorded for the dwelling, and no
homestead declaration has been filed. Id. ¶8. Based on GCR’s counsel’s
information and belief, the property is free from liens and encumbrances except
for two abstract judgments totaling $76,859.70. Id. ¶10. The judgment is
not based on consumer debt. Id. ¶3.
As there is no opposition, and plaintiff complies with all
Code requirements, the motion is GRANTED.