Lee v. Rich

THOMPSON, J.,

Dissenting.—I respectfully dissent. “Citizens may not be dispossessed of their property by a ‘creditor’ executing on a judgment that is void ah initio for lack of personal jurisdiction. Deploying a void judgment to seize the property of someone who was never served with the lawsuit violates the constitutional guarantee that no person shall be deprived of property without due process of law.” (Lang v. Roché (2011) 201 Cal.App.4th 254, 257 [133 Cal.Rptr.3d 675] (Lang).) Therefore, the challenged order must be affirmed.

The trial court found the default judgment was void ah initio…