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Kahn v. Berman

California Court of Appeal
244 Cal. Rptr. 575 (1988)


Facts

William and John Kahn (plaintiffs) purchased a rental business in Las Vegas, Nevada, from William Berman and others (defendants). In July 1984, the Kahns obtained a judgment against Berman and his wife for over $1.2 million in Nevada state court. The next day, the Kahns filed an abstract of the Nevada judgment in San Mateo County, California. In March 1985, the San Mateo County Superior Court entered a judgment against the Bermans, based on the Nevada judgment. The Kahns served a notice of entry of judgment on the Bermans in September 1985. The Kahns requested a writ of execution from the San Mateo County court in February 1986, and the sheriff levied the writ of execution in March 1986. The Kahns applied for an order authorizing the sale of the property at the end of March. The Bermans recorded a declaration of homestead on the property in April. Finally, the Kahns recorded an abstract of the California judgment in May 1986. The trial court determined that the March writ of execution created an execution lien with priority over the April declaration of homestead. The trial court also determined that the Bermans were not entitled to a homestead exemption and that the fair market value of the home was $450,000. The Bermans appealed.

Rule of Law

Issue

Holding and Reasoning (Sabraw, J.)

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