Schumacher

Schumacher v. Worcester

Good Law
1997 Cal. App. LEXIS 418·55 Cal. App. 2d 376·55 Cal. App. 4th 376·64 Cal. Rptr. 2d 1·97 Daily Journal DAR 6821
Court of Appeal of CaliforniaMay 6, 1997B100999California1,640 words

Opinion

Opinion

Fukuto, J.

Norma E. Worcester appeals from the judgment entered following the granting of Kern W. Schumacher’s motion for summary judgment in his action to foreclose a street improvement bond issued by the County of Los Angeles to pay for certain public improvements to Worcester’s property. Worcester contends that Schumacher’s claim is barred by the applicable statute of limitations. She also contends the lien securing the payment of the bond was extinguished pursuant to Civil Code section 2911. We find the applicable statute of limitations extended by Worcester’s petition for bankruptcy.

Facts

The facts are as follows. Schumacher is the owner and holder of bond No. 3127 in the face amount of $6,607.05 which was duly issued in May 1969, by the County of Los Angeles under and by virtue of the Municipal Improvement Act of 1913 (pt. 7 of div. 12 of the Sts. & Hy. Code) and the Improvement Act of 1911 (pt. 5 of div. 7 of the Sts. & Hy. Code). Bond No. 3127 is secured by real property which Worcester owns. Worcester has made no assessment payments on the bond since January 2,1982, and the bond has been in default as to principal, interest and penalties since that date. As of January 2,…

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.