Charlton

Federal Deposit Ins. Corp. v. Charlton

Good Law
17 Cal. App. 4th 1066·1993 Cal. App. LEXIS 820·21 Cal. Rptr. 2d 686·93 Daily Journal DAR 10251·93 Cal. Daily Op. Serv. 5999
Court of Appeal of CaliforniaAugust 9, 1993B064762California1,573 words

Opinion

Opinion

Vogel, J.

The question on this appeal is whether a recorded order expunging a lis pendens affects a previously recorded abstract of judgment. We hold that it does not.

Facts

While living in Texas, Concepcion Steinberg guaranteed a loan made by Coronado Bank to a business she owned with her husband. Within seven months of each other, Steinberg and her husband died, leaving the loan unpaid. The Bank sued Steinberg’s estate (and others) and obtained a Texas judgment against (among others) Steinberg’s daughter, Sylvia Prata, in her capacity as administrator of Steinberg’s estate.

The Bank promptly obtained entry of the Texas judgment in California and gave notice to Prata and the other judgment debtors that a sister-state judgment had been entered against them in the Los Angeles Superior Court. (Code Civ. Proc., § 1710.30 et seq.) A few weeks later, the Bank recorded two abstracts of judgment in Los Angeles County. About a year later, in Los Angeles, Prata was appointed administrator of Steinberg’s estate. The estate’s sole asset was real property in La Crescenta, California, title to which remained in the name of Concepcion Steinberg.

About another year later, Prata filed a…

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