Webb
Webb v. Trippet
Opinion
Opinion
Reardon, J.
—Appellant Louis E. Webb, conservator of the estate of Wayne B. Combash, appeals from an order directing the sale of real property for the benefit of judgment creditor and respondent Mary Trippet. Webb contends that the trial court erred in finding that a declared homestead exemption did not apply because Combash, who has been missing since February 1988, had not resided continuously on the property. (See Code Civ. Proc., §§ 704.710-704.850.) We reverse the judgment.
I. Facts
In March 1981, Wayne B. Combash recorded a declaration of homestead on real property located in Fort Bragg, California. In March 1982, respondent Mary Trippet obtained a monetary judgment against Combash in the amount of $15,185. Combash was living at the Fort Bragg residence when Trippet’s lien attached.
Combash has been missing since February 1988 and has not reestablished residence on the homestead property. In 1988, appellant Louis E. Webb was appointed conservator of Combash’s estate. (See Prob. Code, § 1845.) In this capacity, Webb has stored personal items belonging to Combash on the property in anticipation of his return.