California Court of Appeal
Wells Fargo Fin. Leasing, Inc. v. D&M Cabinets, C058486
In an appeal from a trial court order appointing a receiver to sell third-party claimant's owner-occupied dwelling to foreclose a judgment lien, the order is reversed where the order expressly allowed the judgment creditor to bypass the statutory procedure for foreclosing a judgment lien on a dwelling occupied as the principal residence of a debtor or his spouse, and therefore subject to an automatic homestead exemption.
Appellate Information
- Decided 08/28/2009
- Published 08/28/2009
Judges
- SIMS, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Jerrold B. Braunstein, for Third Party Claimant and Appellant.
- For Appellees:
- Serlin & Whiteford and Kevin P. Whiteford, Sacramento, for Plaintiff and Respondent.