Perroton

Introduction

Jon R. Perroton (Perroton) appeals the denial of his Code of Civil Procedure section 473 motion for an order voiding an order granting Crocker National Bank’s motion for sale of Perroton’s interest in a limited partnership known as Turn-Key Storage. He contends: (1) the trial court erred in ordering the sale of his partnership interest at an execution sale where the partnership was not the judgment debtor and (2) the order directing sale was precluded by the California Corporations Code and by the partnership agreement itself.

Statement of the Case/Facts

In December 1984, respondent Crocker National Bank (Crocker) obtained a judgment against Perroton for $1,431,688.29. Thereafter, on February 6, 1985, the bank obtained an order pursuant to Corporations Code section 15673, charging Perroton’s interest in the limited partnership known as California Self Storage with payment of the unsatisfied judgment plus interest. The charging order was subsequently corrected nunc pro tunc to change the name of the partnership to Turn-Key Storage doing business as California Self-Storage.

As of November 1985, Crocker had received no monies as a result of the charging…