Estate

Estate v. Joya

Good Law
22 Cal. App. 5th 824·232 Cal. Rptr. 3d 129
Court of Appeal of CaliforniaApril 27, 2018D072298California4,843 words

Opinion

lead Opinion

Haller, J.

*827 Emerita Cruz Joya appeals from a probate court order approving the final accounting and settling the estate of Norman Casserley (Decedent). Joya had filed a creditor's claim against Decedent's estate based on a criminal restitution order entered in her husband's favor, which was recorded after Decedent's death. The court rejected Joya's argument that her claim was entitled to priority either as a recorded lien or under the state Constitution's restitution provision. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Restitution Award and Original Abstract

Decedent and Paul Blazevich were once neighbors. A conflict arose between them *131 (the nature of which is not revealed in the record), as a result of which Decedent was convicted of a crime that entitled Blazevich to restitution. On May 21, 1997, Decedent was ordered to pay Blazevich restitution totaling $17,796, plus 10 percent interest from the date of sentencing.

About 10 years later, on October 9, 2007, Blazevich obtained an "order for restitution and abstract of judgment" (capitalization omitted; hereafter, Original Abstract) from the court and recorded it.

Amended Abstract

About one week later, on October 17, 2007,…

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