Judge: Layne H. Melzer, Case: 2019-01088487, Date: 2022-09-15 Tentative Ruling

Pltf. Jonathan Neil & Associates, Inc.
Motion - Other (for Sale of Dwelling of Judgment Debtor)

Before the court is Judgement Creditor Jonathan Neil & Associates, Inc.’s Application for the sale of Debtor Robby D. Johnson’s real property located at 1181 S. Chantilly St. Anaheim CA 92806.

It is ordered that Judgment Debtor Robby D. Johnson appear on 10/27/22 at 2:00 p.m. in Department C12 of this Court, located at 700 Civil Center Drive West, Santa Ana, California 92701 or by Zoom through the court’s online check-in process, to show cause, if any, why the Application for sale of dwelling should not be granted. (See CCP § 704.770(a).)

Creditor shall forthwith provide the Court with the OSC for execution and entry.

At least 30 days before the continued hearing, Judgment Creditor must satisfy the following service requirements:

(a)  Service on judgment debtor: The creditor must serve the judgment debtor with copies of the OSC, application for order of sale and the official notice of hearing form. Service may be made personally or by mail. [CCP § 704.770(b)(1)]

(b)  Service at dwelling: The creditor must also personally serve the above documents on an occupant of the dwelling; or, if there is no occupant present when service is attempted, must post the documents in a conspicuous place at the dwelling. [CCP § 704.770(b)(2)]

The court notes that a statement that the judgment is or is not based on a “consumer debt” is required. (See CCP § 699.730(a)). This does not appear to be included in the Application.

Where the judgment is based on a consumer debt, the statement must include whether the consumer debt was secured by the debtor's principal place of residence at the time it was incurred or whether one of the exemptions listed in CCP § 699.730(b) applies. Where the consumer debt is owed to a financial institution (see CCP § 699.730(b)(7)), the statement must also provide the dollar amount of the original judgment on which the lien is based. The statement must include all bases that are applicable. (CCP § 704.760.)

Creditor shall give notice of this ruling.