CONNOR v. Credit Bureau of San Diego, Inc., a corporation, Defendant and Respondent. (1966)

OPINION

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.

Judgment affirmed.

GERALD BROWN, Presiding Justice.

COUGHLIN and WHELAN, JJ., concur.