California Court of Appeal

In a dispute arising out of the purchase of a single-family residence at an execution sale conducted to satisfy a judgment against plaintiff, the trial court's order granting plaintiff's motion for restitution and cancellation of the sheriff's deed of sale is reversed where: 1) because defendant was not the judgment creditor, the remedies available for plaintiff, the judgment debtor, are recovery of the proceeds of the sale under Code of Civil Procedure section 701.680(b) or to seek equitable redemption; 2) plaintiff is not entitled to equitable redemption because defendant was not guilty of unfairness, and did not manipulate the system or take undue advantage, and the record shows the property was not sold for a grossly inadequate price.

Appellate Information

• Published 2016/11/30

Judges

• FYBEL

Court

• California Court of Appeal

Counsel