California Court of Appeal

Reset A A Font size: Print

Guess v. Bernhardson, 065557

In an action for a declaration that plaintiff still has a spousal support judgment lien against real property previously owned by her former husband, which property the defendants purchased from a bank after it conducted a trustee's sale on his trust deed on that property, the trial court's dismissal of the action is affirmed over plaintiff's claims that the court erred by: 1) interpreting applicable statutes regarding judgment liens as fixing the amount of her support judgment lien at the time of husband's encumbrance (i.e., trust deed) on the property at the amount then mature and owing (then zero dollars), and not at the amount owing at the time of the transfer to the defendants; and 2) concluding the obligation of husband under the marital dissolution judgment to maintain life insurance for her benefit was neither a money judgment nor a spousal support judgment on which a judgment lien could be created.

Appellate Information

  • Decided
  • Published 2015/11/30

Judges

  • McDONALD

Court

  • California Court of Appeal

Counsel