Levine
Industrial Indemnity Co. v. Levine
Opinion
Opinion
Industrial Indemnity Company appeals from an order quashing an abstract of judgment. The abstract reflected a stipulated money judgment which had been entered for appellant and against Jack G. Levine (respondent). According to the stipulation, execution was to be stayed for six months. Before expiration of the six-month stay, appellant recorded an abstract of judgment. Respondent moved to quash the abstract of judgment whereupon the court ordered that the abstract of judgment be quashed and that appellant remove evidence of the filing of the said abstract from the records of the county recorder. The present appeal followed. Appellant contends that a stipulated stay of execution does not preclude recordation of an abstract of judgment, because such recordation is not a step in the process of execution upon the judgment. That contention is sound. A money judgment may be enforced by a writ of execution (Code Civ. Proc., §§ 681, 684); such enforcement requires no recordation of the abstract of judgment to reach a real property interest (Code Civ. Proc., § 688). Recordation of an abstract of judgment merely creates a lien upon real property of the judgment debtor (Code Civ.…