J.C. O'CONNOR, Sheriff of San Diego County, Plaintiff and Respondent, v. SOUTHERN ADJUSTMENT BUREAU, INC., a corporation, Defendant and Appellant, Credit Bureau of San Diego, Inc., a corporation, Defendant and Respondent.
Southern Adjustment Bureau, Inc., (Southern) appeals from a judgment following a trial of a declaratory relief action, ordering J.C. O'Connor, Sheriff of San Diego County, to deliver a sheriff's deed to certain real property to Carl W. Williams, assignee of Credit Bureau of San Diego, Inc. (Credit Bureau).
Southern took an assignment of a judgment from a creditor of White. White's property had been levied upon and purchased at a sheriff's sale by another judgment creditor, Credit Bureau. Two days before the redemption period of one year elapsed Southern sought to redeem the property, using language in part as follows:
‘We hereby offer and tender all sums * * * required * * * to effect redemption.
‘Kindly advise us the exact amount due * * * and we will promptly furnish said sum * * *’
At best this was a mere offer of tender; there was no actual presentation or tender of money.
Code of Civil Procedure, section 702 provides a
‘* * * redemptioner * * * may redeem the property from the purchaser * * * on paying the purchaser the amount of his purchase * * *’
Payment or tender of payment rather than offer of tender is thus contemplated. Here the amount due could be determined with sufficient mathematical precision. (Code Civ.Proc., s 702.)
Southern did not comply with the statutory requirement. The trial court properly concluded that no redemption took place.
GERALD BROWN, Presiding Justice.
COUGHLIN and WHELAN, JJ., concur.