Torjesen

Torjesen v. Mansdorf

Good Law
1 Cal. App. 5th 111·204 Cal. Rptr. 3d 325
Court of Appeal of CaliforniaJuly 5, 2016B263377California2,566 words

Opinion

Opinion

Willhite, J.

—The Enforcement of Judgments Law (Code Civ. Proc., § 680.010 et seq.) (the EJL) provides that “[ajfter the death of the judgment debtor, enforcement of a judgment against property in the judgment debtor’s estate is governed by the Probate Code, and not by this title.” (Code Civ. Proc., § 686.020.) The Probate Code provides that money judgments against a decedent, or claims against a deceased settlor or trustee of a trust, are payable in the course of administration, and are not enforceable under the EJL against property in the estate of the decedent or the trust estate unless the property had been levied upon before the decedent died. (Prob. Code, §§ 9300, 9303, 19300, 19303.)

In the case before us, a judgment creditor obtained a judgment against a judgment debtor (individually and as trustee of the debtor’s trust), but did not levy on the debtor’s property until after the debtor died. A third party claimant to the property filed a third party claim, and the judgment creditor filed a petition under the EJL to invalidate the third party claim. The trial court granted the judgment creditor’s petition. The third party claimant did not appeal from that ruling. Two years…

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