Webb

Webb v. Trippet

Good Law
1991 Cal. App. LEXIS 1240·235 Cal. App. 3d 647·286 Cal. Rptr. 742·91 Daily Journal DAR 13214·91 Cal. Daily Op. Serv. 8572
Court of Appeal of CaliforniaOctober 25, 1991A051861California1,549 words

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.

In August 1990, Trippet applied for a court order directing sale of…

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