Rothschild
Heller Properties, Inc. v. Rothschild
Opinion
Opinion
Aiso, J.
This appeal raises these two substantive issues: Does recordation (Code Civ. Proc., § 674.5) of a child support order payable monthly in stated amounts per month for an indefinite period create a lien as to the installments which become payable subsequent to the date of recordation? If so, is it superior to the liens of creditors who record their abstracts of judgment (Code Civ. Proc., § 674) later than the support order?
I.
Plaintiff and respondent Heller Properties, Inc., a corporation, brought this action for partition of real property. The complaint named defendant and appellant Janet Doctor, aka Janet Doctor Rothschild, and defendants and respondents Dudley D. Davis and Apartment Furniture Rentals, Inc., a corporation (hereinafter “Furniture Rentals”), as being among the lien-holders of record against the real property to be partitioned. Rothschild answered alleging in part here relevant that she had obtained a “judgment” for child support payable in the sum of $300 per month; that the amount of $300 per month from December 21, 1959, to the date of answer (July 14, 1967) was due and owing and that further sums of $300 per month would accrue up to the final…