California Court of Appeal

In an appeal presenting issues of statutory construction involving Code of Civil Procedure section 729.060(c) and the calculation of the redemption price for real property sold by judicial foreclosure. the trial court's order determining the redemption price is affirmed where: 1) when the property subject to redemption contains multiple parcels, some vacant and unimproved and some improved with offices occupied by rent paying tenants, "the value of the use and occupation of the property to the purchaser" for the entire property is not the sole measure of the offset because the statute allows the trial court to calculate the offset by adding (a) the amount of rents paid for the improved portion of the property with tenants and (b) the value (i.e., monetary worth) to the purchaser of the use and occupation of the unimproved and unleased portion of the property, if any such value was realized.; and 2) the offset to the redemption price for "rents. . .paid to the purchaser" under section 729.060(c) refers to net rents, not gross rents.

Appellate Information

• Decided 07/01/2015
• Published 07/01/2015

Judges

• FRANSON

Court

• California Court of Appeal

Counsel