California Court of Appeals, Second District, Sixth Division
Superior Court County of Ventura No.
56-2013-00444799-CU-OR-VTA Henry J. Walsh, Judge
Offices of Thomas P. Cacciatore, Thomas P. Cacciatore;
Benedon & Serlin, LLP, Douglas G. Benedon, Gerald M.
Serlin; Sottile Baltaxe, Timothy B. Sottile for Defendant and
Albus, LLP, John Antoni, Kevin Tredway for Plaintiff and
GILBERT, P. J.
of action survives one year after the death of a debtor. But
not a judgment lien. Judgment liens have longevity.
judgment debtor dies. A contest over the priority of two
judgment liens ensues. Both liens were established prior to
the judgment debtor's death. After the judgment debtor
died, plaintiff purchased one judgment lien at the execution
sale of the junior lien. Plaintiff then brought this action
to quiet title against defendant's senior lien. The trial
court gave judgment to plaintiff. The court concluded that
enforcement of defendant's senior lien was barred by Code
of Civil Procedure section 366.2 for failure to enforce the
lien within one year of the judgment debtor's
reverse. Section 366.2 limits the time to bring a cause of
action, not the time to enforce a judgment.
Mansdorf, as trustee for the Mansdorf Family Trust (hereafter
“Mansdorf”), owned a parcel of property in
Ventura County near the Pacific Coast Highway. The parties
refer to the parcel as the “Malibu Property.”
January 2008, Janice M. McClanahan obtained a $12 million
judgment against Mansdorf. McClanahan recorded an abstract of
judgment in May 2008.
January 2012, John Torjisen obtained a $2 million judgment
against Mansdorf. Torjisen recorded an abstract of judgment
in April 2012.
recordation of an abstract of judgment places a judgment lien
against all real property of the judgment debtor. (§
died in August 2012. The trustee of his trust did not
initiate the Probate Code claims procedure. (Prob. Code,
§ 19000 et seq.)
April 2013, Torjisen enforced his judgment lien on the Malibu
Properly by sheriff's sale. County Line Holdings, LLC
(County Line) submitted the winning bid ...