Allen

California Coastal Commission v. Allen

Good Law
167 Cal. App. 4th 322·2008 Cal. App. LEXIS 1486·83 Cal. Rptr. 3d 906
Court of Appeal of CaliforniaOctober 1, 2008B197974California3,220 words

Opinion

Opinion

Epstein, J.

Michael A. Allen appeals from an order for sale of dwelling, made after the court found he was not entitled to a homestead exemption. He claims Kenneth and Paula Radosevich lacked standing to levy on the property because they had received only a temporary assignment of the underlying judgment from the California Coastal Commission (Coastal Commission), the original judgment creditor. He also asserts the assignment was issued in violation of the Public Contract Code and the open meeting laws, and that the assignment constitutes an illegal contract for the sale of attorney services by nonattorneys. On the merits, he claims the court erred in its determination that there was no applicable homestead exemption, and that the amount stated on the writ of execution failed to reflect the effect of his discharge in bankruptcy.

We conclude that the trial court was not required to resolve the procedural challenges to the assignment in this proceeding for an order for sale, since the applicable statutory requirements for acknowledgment of assignment were met. We also conclude the evidence supports the conclusion that Allen was not entitled to a homestead exemption. Finally, we find…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.