Weissberg

I. BACKGROUND

In 2003, Weissberg secured a judgment against Peinado for just under $500,000 and recorded an abstract of judgment, creating a lien on a residence Peinado owns in San Francisco. After two renewals extending the time to enforce the judgment, the judgment’s principal reached about $1.5 million. In 2022, Weissberg secured a writ of execution and served a notice of levy on the property. Weissberg then applied for an order to show cause (OSC) why a sale order should not issue. (§ 704.760.) He noted the property appeared to qualify for a homestead exemption of $600,000. (§ 704.710, subd. (c); § 704.730.)2 He submitted a declaration by a realtor estimating the property’s value at $3.1 to $3.7 million. Weissberg also identified two sets of liens on the property: those senior and those junior to his lien. (See § 704.760, subd. (c).)

2 While this appeal was pending, Weissberg claimed to have discovered

that Peinado was renting out the residence, disqualifying it for a homestead exemption. (§ 704.710, subd. (c).) On that basis, Weissberg unsuccessfully sought writ relief from this court (a fact of which we take judicial notice). (Weissberg v. Superior Court (A171013, denied…