Songer

Appellant Joseph A. Songer appeals a judgment dismissing his petition for a writ of mandate to compel respondent Francis M. Cooney, Clerk-Recorder for the County of San Luis Obispo (clerk), to issue a writ of execution and to compel respondent George Whiting, Sheriff of the County of San Luis Obispo (sheriff), to levy upon certain property of the real party in interest Lawrence Bordan.

The questions presented on appeal are whether a judgment lien on real property perfected prior to the judgment debtor’s bankruptcy survives the debtor’s discharge in bankruptcy, and, if so, whether a writ of execution is available to enforce the lien. We answer both questions in the affirmative, and reverse.

Facts

On July 23, 1981, Songer obtained a judgment against Bordan in the amount of $308,000. The next day an abstract of judgment was recorded in San Luis Obispo County, thus perfecting a judgment lien against all the real property belonging to Bordan in the county. (Code Civ. Proc., §§ 697.310 and 697.340.)

In February of 1982, having obtained a writ of execution, Songer initiated proceedings to execute upon certain real property belonging to Bordan. On March 3, 1982, before the…