In Re the Marriage of Katz

I. Introduction

This is an appeal from a judgment entered in the marital dissolution case of Joyce Tullos Katz v. Bertram Bernard Katz against Joyce Tullos Katz in favor of judgment creditor-lienor Dietmar E. Rothe (Rothe). The judgment was entered on a noticed motion for an order enforcing a judgment lien pursuant to Code of Civil Procedure sections 708.410-708.480.

II. Procedural and Factual Matters

For purposes of clarity, the wife and husband will be referred to by their first names. Joyce petitioned for legal separation on August 16, 1985. In a consolidated Los Angeles Superior Court action case No. C628209 filed on December 10, 1986, Joyce sought judicial determinations concerning property that had been acquired during the course of the couple’s relationship before and after their marriage in 1976. Rothe obtained a judgment against Bertram in San Diego Superior Court case No. 501534 which was entered on July 31, 1987. On September 25, 1987, Rothe filed a notice of lien pursuant to section 708.410, subdivision (b) against Bertram in the marriage dissolution action between Joyce and Bertram. Copies of the lien notice were served on counsel for Joyce and Bertram. On…