Martin

In this case we are asked to decide for the first time whether a homestead exemption must be protected by following the procedural provisions of Code of Civil Procedure section 484.070, subdivision (a) in prejudgment attachment proceedings.

On October 22, 1981, Sarbouhi Martin and Hamazasb Martin (the Martins), plaintiffs and respondents, filed a complaint for breach of contract against Hratch Aboyan and Marguerite Aboyan (the Aboyans), defendants and appellants. Shortly thereafter, the Martins filed an application for order for issuance of writ of possession (§ 484.010 et seq.). The Aboyans were personally served with notice of the application on October 26, 1981. This notice, as required, informed them of their right to claim exemptions, and warned them that the claim had to be filed and served at least five days before the hearing. The application sought a writ of attachment against a number of items of property including the residence of the Martins at 1364 East Acacia, Glendale, California (the property).

On December 11, 1981, the Aboyans recorded a declaration of homestead on the property.

The hearing was held on December 17, 1981. No claim of exemption was filed…