Judge: Salvatore Sirna, Case: 22PSCP00524, Date: 2022-12-15 Tentative Ruling

Case Number: 22PSCP00524    Hearing Date: December 15, 2022    Dept: G

Plaintiffs Ting Zhang, Zhiqin Song, and Lan Fang’s Application for Issuance of Order to Show Cause Why Order for Sale of Dwelling Should Not Be Made and Order for Sale of Dwelling

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiffs Ting Zhang, Zhiqin Song, and Lan Fang’s Application for Issuance of Order to Show Cause Why Order for Sale of Dwelling Should Not Be Made is GRANTED.

At the hearing on December 15, 2022, the court will set a date for An Order to Show Cause Re: Why Order for Sale of Dwelling Should Not Be Made.

The court orders Plaintiffs to give notice as required pursuant to Code of Civil Procedure section 704.770, subdivision (b).

BACKGROUND

This is a debt collection action. On March 8, 2019, Ting Zhang, Zhiqin Song, and Lan Fang (collectively, Plaintiffs) obtained a judgment in the amount of $620,980.49 plus reasonable attorneys fees and costs against Xiaoyan Zheng, Xiao Shao (Shao), Xiao Zheng, Shedoor International, Inc. (Shedoor Inc.), and Shedoor International, LLC (Shedoor LLC, collectively Defendants) in the Superior Court of California, County of Orange (hereafter, Orange County court). (Case No. 30-2017-00924225-CU-OE-CJC). (Iniguez Decl., ¶ 3, Ex. A.)

On March 15, 2019, Plaintiffs recorded a judgment lien in Los Angeles County on real property owned by Xiaoyan Zheng at 18562 Nottingham Lane, Rowland Heights, California 91748 (hereafter, Rowland Heights property). (Iniguez Decl., ¶ 2, 4, Ex. B.) On August 26, the Orange County court amended the judgment to include $11,217.36 in costs and $73,875 in attorney fees for a total judgment of $706,072.85. (Iniguez Decl., ¶ 5-6, Ex. C.) The current amount of judgment is $915,220.33[1] (principal sum of $620,980.49 plus post judgment costs and attorney fees of $252,231.02 plus accrued interest of $41,968.82 plus a writ issuance fee of $40 with a $95,000 payment by Shao and $150,000 payment by Xiao Zheng credited to interest) with a daily interest rate of $239.23 from August 3, 2022. (Iniguez Decl., ¶ 7-9, Ex. D.)

On August 3, 2022, the Orange County court issued a writ of execution directed at the sheriff or marshal of Los Angeles County. (Iniguez Decl., ¶ 9, Ex. D.) On October 10, Plaintiffs levied upon Xiaoyan Zheng’s interest in the Rowland Heights property through the Los Angeles County Sheriff’s Department. (Iniguez Decl., ¶ 10, Ex. E.) On October 28, Plaintiffs filed the present application. A hearing is set for December 15, 2022.

ANALYSIS

Plaintiffs apply for an order selling Xiaoyan Zheng’s Rowland Heights property to satisfy the judgment of the Orange County court. For the following reasons, the court agrees.

An application for an order for sale must: (1) be made under oath; (2) describe the dwelling; (3) state whether or not the records of the county tax assessor indicate there is a homeowner’s or disabled veteran’s exemption; (4) state whether the dwelling is a homestead, the amount of the homestead exemption, and whether the records of the county recorder indicate that a homestead declaration under Article 5 has been recorded by the judgment debtor or his or her spouse; (6) contain a statement of the amount of liens or encumbrances, the name of the person claiming the lien or encumbrance, and the address of such person as used by the county recorder for the return of the instrument creating the lien; and (7) contain a statement regarding whether or not the judgment is based on a consumer debt as defined by Section 699.730, and if it is, a statement regarding whether the judgment was secured by the debtor’s principal place of residence at the time the debt was incurred. (Code Civ. Proc., § 704.760, subds. (a)-(d).)  

Code of Civil Procedure section 704.770, subdivision (a) states:  

 “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.” (Code Civ. Proc., § 704.770, subd. (a).)

Here, the court finds Plaintiffs’ application satisfies the requirements of Code of Civil Procedure section 704.760. Accordingly, the court will set an order to show cause regarding why an order for sale should not be made pursuant to Code of Civil Procedure section 704.770, subdivision (a).

CONCLUSION

Based on the foregoing, the court GRANTS Plaintiffs’ application for issuance of order to show cause why order for sale of dwelling should not be made and sets the order to show cause for a date to be determined at the hearing on December 15, 2022.

Plaintiffs ordered to give notice as required pursuant to Code of Civil Procedure section 704.770, subdivision (b).