Judge: Mark E. Windham, Case: 21STLC07909, Date: 2023-11-15 Tentative Ruling
Case Number: 21STLC07909 Hearing Date: November 15, 2023 Dept: 26
APPLICATION
FOR ORDER FOR SALE OF DWELLING
(CCP
§§ 704.760 and 704.780)
TENTATIVE RULING:
The Court continues the hearing until December 19, 2023 at 10:00. Plaintiff/Judgment Creditor to file points and authorities explaining how the sale may proceed in light of the
homestead exemption by December 1, 2023, or else the Application will be denied.
On November 3,
2021, Plaintiff Lake Lindero Homeowners Association (“Plaintiff”) filed a
complaint against Defendants Christophe Barone aka Christopher Barone aka
Christopher Todd Barone (“Christophe”) and Dragana Barone (“Dragana”),
(collectively “Defendants”) for payment of dues and assessments, common count,
and account stated.
On July 7, 2022,
based on Plaintiff’s request, the Court entered default against Defendants.
(7-7- 22 Request for Entry of Default.) On August 11, 2022, judgment was
entered in favor of Plaintiff and against Defendants for a total sum of
$13,977.49. (8-11-22 Judgment.) On August 17, 2022, Plaintiff/Judgment Creditor
filed a Writ of Execution.
On November 10,
2022, Plaintiff/Judgment Creditor filed an Application for Order of Sale of
Dwelling (“Application”). On March 9, 2023, the Court noted deficiencies in the
Application and ordered Plaintiff/Judgment Creditor to file supplemental papers
correcting these deficiencies. (3-9-23 Minute Order.) On March 20, 2023,
Plaintiff/Judgment Creditor filed an Amended Application (“Amended
Application”) and Proposed Order. On March 29, 2023, pursuant to
Plaintiff/Judgement Creditor’s request, the Court continued the hearing on the
Amended Application to May 31, 2023. (3-29-23 Order.) On May 31, 2023, the
Court found that Plaintiff/Judgement Creditor corrected the deficiencies noted
in the Court’s March 9, 2023, Order, but the Amended Application has not been
properly verified. (5-31-23 Minute Order). As a result, the Court continued the
hearing to July 6, 2023, and ordered Plaintiff/Judgment Creditor to file a
proper verification of the Amended Application. (5-31-23 Minute Order).
On June 15, 2023,
Plaintiff/Judgment Creditor filed an Amended Verified Application, and at the
hearing on July 6, 2023, the Court granted the request for an order for sale of
dwelling. (7-6-23 Minute Order.) However, on September 19, 2023, the Court
issued an order stating that it had received a Proposed Amended Order for Sale
of Dwelling on August 15, 2023 that stated a homestead exemption is on the
dwelling. (9-19-23 Minute Order.) The Court further noted that this information
was not in the Amended Verified Application and set a hearing for
Plaintiff/Judgment Creditor to explain how the sale may proceed in light of the
homestead exemption, with relevant authority. (9-19-23 Minute Order.) The Court
set the hearing for November 15, 2023 at 10:00 am in Department 26 in the
Spring Street Courthouse. (9-19-23 Minute Order.) Plaintiff/Judgment Creditor
filed a Notice of Hearing on Application for Order for Sale of Dwelling on
Amended Order Re Homestead Exemption on October 20, 2023. The Notice of Hearing
provides no briefing and to date, no further briefing has been filed.
Conclusion