Orr

The question presented in this appeal is whether an abstract of judgment containing a misspelled name imparts constructive notice of its contents under the doctrine of idem sonans. We conclude it does not and, accordingly, affirm the trial court’s ruling.

I.

The facts are not in dispute. In October 1978, James Orr obtained a judgment in excess of $50,000 against William Elliott. The written judgment prepared by Orr’s attorney identified Elliott erroneously as “William Duane Elliot.” The following month, an abstract of judgment was recorded in the Orange County Recorder’s office, this time identifying Elliott both as “William Duane Elliot” and “William Duane Eliot.” Consequently, the abstract was listed in the Orange County Combined Grantor-Grantee Index under those names only.

Elliott thereafter obtained title to a parcel of property which became subject to Orr’s judgment lien. But when Elliott sold that property to Rick Byers in July 1979, a title search failed to disclose the abstract of judgment. As a result, the preliminary title report did not identify Orr’s judgment lien against Elliott, and the judgment was not satisfied from the proceeds of Elliott’s sale to…