California Court of Appeal

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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.
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