Regency Outdoor Advertising, Inc. v. Carolina Lanes, Inc.

Carolina Lanes, Inc. (Lanes or judgment debtor) appeals an order denying its motion to vacate and quash a writ of execution obtained by judgment creditor Regency Outdoor Advertising, Inc. (Regency or judgment creditor).

Carolina Enterprises, Inc. (Enterprises or sublessee) appeals an order denying its third party claim which asserted a sublessee interest in the subject real property.

The issues presented are whether: Lanes was entitled to have the writ of execution quashed on the ground Regency had not obtained the lessor’s consent to a levy on Lanes’s leasehold interest; and the trial court erred in denying Enterprises’s third party claim.

We conclude the trial court properly denied Lanes’s motion to quash the writ of execution. Lanes, as a lessee, lacked standing to assert the lessor’s lack of consent to the levy. The statutory protection exists for the benefit of the lessor. (Code Civ. Proc., § 695.035.)

As for Enterprises’s third party claim, because Regency is not seeking to execute on Enterprises’s sublessee interest in the subject real property, the third party claim properly was denied.

The order as to Lanes is affirmed. The order as to Enterprises is…