Guess

Concurring and Dissenting. — I believe the result in this case is correct. Accordingly, I concur in the result.

At the time of Washington Mutual Bank’s 2005 encumbrance on the support debtor’s real property, there were no matured and unpaid support installments due under appellant’s earlier recorded support judgment and, therefore, the bank’s lien was accorded priority (Code of Civ. Proc., § 697.390, subd. (a); In re Marriage of Cloney (2001) 91 Cal.App.4th 429, 438 [ 110 Cal.Rptr.2d 615 ]). When the bank foreclosed and its successor, JPMorgan Chase Bank, submitted a successful credit bid at the trustee’s sale, there was no surplus and Chase took title to the support debtor’s real property free of any junior liens. (Hohn v. Riverside County Flood Control etc. Dist. (1964) 228 Cal.App.2d 605, 613 [ 39 Cal.Rptr. 647 ].) Respondents took title to the real property through Chase.

I do not concur in the majority opinion to the extent that it suggests, in situations other than those presented here, under Code of Civil Procedure section 697.390, subdivision (b) the first encumbrance on a support judgment debtor’s interest in real property necessarily extinguishes the support creditor’s…

Filed 8/21/15 Guess v. Bernhardson CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

CAROL GUESS, D065557

Plaintiff and Appellant,

v. (Super. Ct. No. 37-2011-00086606-CU-MC-CTL) MARK E. BERNHARDSON et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of San Diego County, Richard E.

L. Strauss, Judge. Affirmed.

herronlaw and Matthew V. Herron for Plaintiff and Appellant.

Loeb & Loeb and Robert J. Catalano for Defendants and Respondents.

Plaintiff Carol Guess appeals a judgment dismissing her action against defendants

Mark and Ivy Bernhardson (together the Bernhardsons) for a declaration that she still has

a spousal support judgment lien against real property…

Plaintiff Carol Guess appeals a judgment dismissing her action against defendants Mark E. and Ivy Bernhardson (together, the Bernhardsons) for a declaration that she still has a spousal support judgment lien against real property previously owned by her former husband, L. Donald Guess (Husband), which property the Bernhardsons purchased from a bank after it conducted a trustee’s sale on his trust deed on that property. On appeal, Guess contends the trial court erred by interpreting applicable statutes regarding judgment liens as fixing the amount of her support judgment lien at the time of Husband’s encumbrance (i.e., trust deed) on the property at the amount then mature and owing (then $0), and not at the amount owing at the time of the transfer to the Bernhardsons, and concluding the obligation of Husband under the marital dissolution judgment to maintain life insurance for her benefit was neither a money judgment nor a spousal support judgment on which a judgment lien could be created.

*823 FACTUAL AND PROCEDURAL BACKGROUND

In 1999, a supplemental judgment (Judgment) was entered in the marital dissolution proceeding between Guess and Husband. The Judgment imposed on…