Torjesen v. Mansdorf, No. B263377 (D2d4 Jul. 5, 2106)
To collect under California’s Enforcement of Judgments Law, you need to levy before the debtor dies. Otherwise, under Code of Civil Procedure § 686.020, your only recourse is in probate. Here, a creditor obtained a judgement before the debtor died, but did not levy debtor’s property until after he died. Some third party then made a claim to the levied property, which the trial court invalidated under the EJL. That order became final when the third party failed to appeal.
The third party now—two years later—seeks to invalidate the order, claiming that the creditor had no recourse to the EJL for a post-mortem levy. That might be true. But the order was only voidable, not void. While the statutory scheme clearly required the matter to be addressed in probate, it did not fundamentally deprive the trial court of subject matter jurisdiction. So the error was substantive, not jurisdictional. That made it erroneous or voidable, but not so void that it was subject to collateral attack after the judgment became final.
Affirmed.
Subscribe to:
Post Comments (Atom)
That's Not a Debate
Taylor v. Tesla , No. A168333 (D1d4 Aug. 8, 2024) Plaintiffs in this case are also members of a class in a race discrimination class action ...
-
RSB Vineyards, LLC v. Orsi , No. A143781 (D1d3 Sept. 29, 2017) In this real estate warranty case, the court affirms a summary judgment in ...
-
Pollock v. Superior Court , No. B321229 (D2d1 Jul. 31, 2023) Back in 2019, the Legislature amended Code of Civil Procedure § 2031.280 to inc...
No comments:
Post a Comment