In re Marriage of LaMoure CA4/2
Opinion
Opinion
INTRODUCTION
This is Nathan La Moure’s third appeal in this marital dissolution action. Nathan
appeals the family court’s order entered on January 9, 2013, ordering the sale of Nathan’s
residence located at 30 Sea Island Drive, in Newport Beach (the Sea Island property), in
satisfaction of a civil judgment entered against Nathan.
Nathan contends the lower court did not have jurisdiction to order the sale of the
Sea Island property. The family court found the property was community property
owned by Nathan and his ex-wife, Robin La Moure. Nathan argues the order for sale of
the property by judgment creditor and respondent, Mesa West, Inc. (Mesa West), was
premature because there was no final judgment dividing the marital debts and assets. In
addition, the January 9, 2013 family court order was based on a judgment entered by a
separate court, the Orange County Superior Court, in a civil action.
Nathan also contends the lower court failed to follow California homestead
statutes, Code of Civil Procedure sections 704.710-704.850, and 704.910-704.990, when
ordering the sale of the Sea Island property, which is subject to a homestead exemption.