Nowak

INTRODUCTION

Defendant Ernest Merrill1 appeals from an order for sale of a 160-acre parcel of property in O’Neals, California. Plaintiffs, Kristin Nowak, Rose Medford, Dion Henke, Monte McFall, and First American Title, are judgment creditors of Dream Catcher Ranch, a Nevada corporation. All the rights, title and interest of respondents Dream Catcher Ranch (DCR), Little Butte Cattle Company (LBCC), and Lila Merrill, in the property were ordered to be sold pursuant to the trial court’s order. Merrill claims he is entitled to $175,000 in proceeds from the sheriff’s sale of the property under the automatic homestead exemption. Merrill is the sole shareholder and director of DCR, and contends he is entitled to the exemption because he had the right to demand conveyance of the property from DCR to himself, at any time. He also claims he continuously occupied the property as his principal place of residence for the requisite period of time under the homestead exemption statute. The trial court held Merrill was not entitled to the exemption. DCR owned the O’Neals property, and the homestead exemption applies only to the property of natural persons. We conclude the homestead exemption…