Durkee

Defendant, who had recorded an abstract of judgment against a third party, appeals from a summary judgment entered in a declaratory relief action, The judgment declared that plaintiff’s subsequently recorded deed of trust constituted a prior lien upon the third party’s real property. The basis of the judgment was that defendant failed to record a certified copy of an application for renewal of his judgment before the judgment lien expired. (Code Civ. Proc., § 683.180, subd. (a).) Defendant obtained his judgment lien before the “operative date” of the Enforcement of Judgments Law (§ 680.010 et seq.), however, the lien expired after the operative date.

The Enforcement of Judgments Law permitted defendant to enforce his judgment after expiration of the judgment and judgment lien under the criteria of the prior law by obtaining leave of court. Following this procedure, defendant filed a motion and obtained an order renewing his judgment. However, the trial court concluded that the procedure did not affect the expiration of his judgment lien. We agree and affirm the judgment.

The parties agree that there is no triable issue of fact. Therefore, plaintiff is entitled to…