Gonzalez

Plaintiff Gregorio M. Gonzalez sued defendants Jeff M. Toews and Loren Toews to set aside a sheriff’s sale of real property and for related causes of action. The trial court sustained defendants’ demurrer to the third amended complaint and granted defendants’ motion for summary judgment as to their quiet title cross-complaint on the basis of Code of Civil Procedure section 701.680 (execution sale is absolute). On appeal, plaintiff contends that the trial court erred in several respects. We disagree and affirm the judgment.

BACKGROUND

In 1990, Golden State Mortgage Company obtained a judgment against plaintiff. In October 1997, the Santa Clara County Sheriff levied execution upon plaintiff’s 22-acre parcel of real property in Milpitas to enforce the judgment. Plaintiff then petitioned for bankruptcy. In his bankruptcy papers, plaintiff declared under penalty of peijury that his residence was on Alum Rock Avenue in San Jose and his Milpitas property was “unimproved land.” In April 1999, the bankruptcy court dismissed plaintiff’s case. In July 1999, the sheriff sold the Milpitas property to defendants. In October 1999, plaintiff filed this action. The complaint essentially…