Kahn

William and Nana Berman appeal from an order permitting the sale of their personal residence pursuant to Code of Civil Procedure section 704.780. Plaintiffs William, Christine, John and Elva Kahn cross-appeal from the same order. We reverse.

I. The Factual and Procedural History

William and John Kahn contracted with William Berman, Carl Pecson and Ace Truck & Equipment Rental, Inc., for the purchase of the Ace rental business in Las Vegas, Nevada. After disputes arose between the parties, litigation ensued in the Nevada state courts. In 1981, following a court trial of equitable issues, William, Christine, John and Elva Kahn were awarded a judgment declaring and enforcing certain rights in their favor.

When a trial on the breach of contract, fraud and damages issues was held in 1984, a jury returned a verdict in favor of the Kahns on their cross-complaint. A money judgment was entered on July 19, 1984, against William and Nana Berman in an amount greater than $1.2 million and against Carl and Shirley Pecson in an amount greater than $900,000. The judgment included significant punitive damages based on the jury’s verdict that fraud had been committed. It was appealed on…