Stirling
Longview Int'l, Inc. v. Stirling
Opinion
Lead Opinion
Grover, J.
*987 Anne Catambay appeals the denial of her motion to expunge a judgment lien on real property. She contends that because the judgment *988 creditor is a corporation that was suspended at the time the lien was created, the lien is void. We conclude that recording an abstract of judgment is a procedural act that is retroactively validated once a suspended corporation's powers are reinstated. The trial court therefore correctly denied the motion, and we will affirm the order.
I. BACKGROUND
Anne Catambay's husband was sued in Santa Clara County for embezzlement. That lawsuit resulted in a judgment against him for over one million dollars. A corporation--Longview International, Inc.--is the judgment creditor. Longview International recorded an abstract of judgment in San Mateo County, creating a judgment lien on real property owned by Catambay's husband in that county (a house in Redwood City). Two days later, Catambay's husband conveyed the Redwood City house to her as part of a marital settlement agreement in their then-pending dissolution proceeding.
Catambay discovered that at the time Longview International recorded the abstract of judgment its corporate powers had been…