Gregg

Gregg v. Cloney

Good Law
110 Cal. Rptr. 2d 615·2001 Cal. App. LEXIS 627·2001 Daily Journal DAR 8477·91 Cal. App. 4th 429·2001 Cal. Daily Op. Serv. 6925
Court of Appeal of CaliforniaAugust 9, 2001No. A093238California6,548 words

Opinion

Lead Opinion

McGuiness, J.

In this case, the trial court found that a dissolution judgment properly recorded by appellant Dana J. Gregg and duly indexed under the name of the judgment debtor, appellant’s former spouse James Michael Cloney, was not constructive notice to respondent Lloyd A. Launer as the subsequent purchaser of real property from that same judgment debtor holding title to the subject property under the name “Mike Cloney,” even though respondent’s escrow agent acquired knowledge prior to close of escrow that James Michael Cloney and Mike Cloney were and are one and the same person. Thus, the question presented in this appeal is whether a valid judgment lien, properly recorded against a judgment debtor under one name, imparts constructive notice to a subsequent purchaser of real property from the same judgment debtor using a different name, where the purchaser’s escrow agent—acting within the course and scope of her duties—gains actual knowledge of both of the names used by the seller. We conclude that it does, and that the trial court erred as a matter of law in determining otherwise. We therefore reverse the order quashing appellant’s levy on the subject real property and denying…

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