Casa Eva I Homeowners Ass'n v. Ani Construction & Tile, Inc.
Opinion
Opinion
Woods, J.
SUMMARY
A judgment creditor appeals from the trial court’s denial of its motion for an order for satisfaction of its judgment lien under Code of Civil Procedure section 708.470. We affirm.
FACTUAL AND PROCEDURAL SYNOPSIS
In July 1999, the Casa Eva I Homeowners Association (Casa Eva) filed a complaint for breach of implied warranty of merchantability, breach of implied warranty of fitness for intended purpose, strict liability and negligence against project developer Overland Development and its individual partners for the defective construction of the Casa Eva property. Casa Eva later amended its complaint to name general contractor Spilat Construction Corporation and numerous subcontractors. In April 2000, Spilat filed a cross-complaint for express indemnity, equitable indemnity and equitable contribution.
In May, in an unrelated contract action, Paykar Construction, Inc., obtained a judgment against Spilat (general contractor in the Casa Eva construction defect litigation at issue here) in the amount of $259,813 plus attorneys’ fees, costs and interest. In October, Paykar filed a “notice of judgment lien on personal property” against Spilat in the amount of…