Judge: Maurice A. Leiter, Case: BC505701, Date: 2024-05-07 Tentative Ruling

Case Number: BC505701    Hearing Date: May 7, 2024    Dept: 54

Hearing Date: May 7, 2024

Department 54, Judge Maurice A. Leiter

(2) Motions for Order Sale of Dwelling

Moving Party: Plaintiff/Judgment Creditor Angel Warehouse, Inc.

Responding Party: None

T/R:     THE APPLICATION FOR SALE OF THE FRIES AVE PROPERTY IS GRANTED.

THE APPLICATION FOR SALE OF THE RAVENNA AVE PROPERTY IS DENIED WITHOUT PREJUDICE.

PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers. No opposition has been received.

A.           County Where Application Must be Filed

CCP § 704.750(b) states in pertinent part: “If the dwelling is located in a county other than the county where the judgment was entered:

(1) The judgment creditor shall apply to the superior court of the county where the dwelling is located.”

The Properties are in Los Angeles County. The applications were properly filed in this Court.

B.           CCP § 704.750(a) Requirements

CCP § 704.750(a) states:

“Promptly after a dwelling is levied upon (other than a dwelling described in subdivision (b) of Section 704.740), the levying officer shall serve notice on the judgment creditor that the levy has been made and that the property will be released unless the judgment creditor complies with the requirements of this section.  Service shall be made personally or by mail.  Within 20 days after service of the notice, the judgment creditor shall apply to the court for an order for sale of the dwelling and shall file a copy of the application with the levying officer. If the judgment creditor does not file the copy of the application for an order for sale of the dwelling within the allowed time, the levying officer shall release the dwelling.”

The Notice of Levy was recorded on January 29, 2024 on the properties and mailed to counsel for Plaintiff on February 6, 2024. Plaintiff filed the applications on February 14, 2024. The applications are timely under CCP § 704.750(a).

C.           CCP § 704.760 Requirements

CCP § 704.760 requires the judgment creditor's application to contain all the following:

“(a) A statement whether or not the records of the county tax assessor indicate that there is a current homeowner's exemption or disabled veteran's exemption for the dwelling and the person or persons who claimed any such exemption.

(b) A statement, which may be based on information and belief, whether the dwelling is a homestead and the amount of the homestead exemption, if any, and a statement whether or not the records of the county recorder indicate that a homestead declaration under Article 5 (commencing with Section 704.910) that describes the dwelling has been recorded by the judgment debtor or the spouse of the judgment debtor.

(c) A statement of the amount of any liens or encumbrances on the dwelling, the name of each person having a lien or encumbrance on the dwelling, and the address of such person used by the county recorder for the return of the instrument creating such person's lien or encumbrance after recording.”

Plaintiff provides the declarations of counsel Tappan Zee for each property. These declarations comply with CCP § 704.760. There is no record that the properties are under a homestead exemption.

D.           CCP § 704.770 Requirements

CCP § 704.770 states:

“(a) Upon the filing of the application by the judgment creditor, the court shall set a time and place for hearing and order the judgment debtor to show cause why an order for sale should not be made in accordance with the application.  The time set for hearing shall be not later than 45 days after the application is filed or such later time as the court orders upon a showing of good cause.

(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.”  (Emphasis added.)

The Judgment Debtor and his wife were served with these applications on February 24, 2024. The Court finds good cause for this hearing to occur more than 45 days after the applications were filed.

It is unclear if they are the occupants of the dwellings. Plaintiff filed one proof of posting for the Fries Ave property showing notice on February 15, 2024, but there is no proof of posting for the Ravenna Ave Property.

The application for sale of the Fries Ave property is GRANTED. The application for sale of the Ravenna Ave property is DENIED without prejudice.