Berhanu

In October 1990 a Portland, Oregon court entered a judgment against Tom Metzger arising out of the beating death of a Black man. On December 18, 1990, an abstract of the judgment was recorded in San Diego County. On February 21, 1991, the San Diego County Superior Court executed the judgment on a home owned by Metzger. On May 14, 1991, the court granted Metzger a $45,000 exemption. He contends the exemption should have been $75,000.

A family’s principal dwelling is its homestead. (Code Civ. Proc., § 704.710, subd. (c).) A homestead is exempt from execution in the amount set forth in section 704.730.

Before January 1,1991, a $45,000 exemption existed on property Metzger claimed as a homestead. Effective January 1, 1991, the exemption increased to $75,000. (§ 704.730, subd. (a)(2).) Relying on section 703.050, subdivision (c), Metzger argues the increased exemption is applicable here. Section 703.050 provides:

Metzger argues this case is controlled by subdivision (c). He assumes the amount of the exemption falls within the phrase, ‘the procedures to be followed” in levying on property. We disagree. Section 704.730, which sets the amount of the exemption, is not one of…