Legal Opinion

Dieden v. Schmidt

California Court of Appeal

Decided December 19, 2002No. A096499, A096505PublishedCited by 17 opinions

1Opinion of the Court

Opinion

SEPULVEDA, J.

The primary issue raised by this appeal is whether a judgment lien on a real property interest held by a tenant in common survives both a change in title to joint tenancy and the death of the debtor joint tenant. We hold that it does, and reverse the judgment and an order denying the judgment creditor his attorney fees.

I

Background

In 1981, Benjamin and Conchita Dieden sued Stanley Schmidt. The Diedens lost and the court entered judgment for Schmidt. The court awarded Schmidt his attorney fees and costs. Schmidt recorded an abstract of judgment (the first abstract) and…

2Cases cited18 opinions

  1. Crocker National Bank v. City & County of San FranciscoCalifornia Supreme Court · 1989
  2. Tenhet v. BoswellCalifornia Supreme Court · 1976
  3. Hirshfield v. SchwartzCalifornia Court of Appeal · 2001
  4. Zeigler v. BonnellCalifornia Court of Appeal · 1942
  5. Schoenfeld v. NorbergCalifornia Court of Appeal · 1970

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3Cited by17 opinions

  1. SCI Minnesota Funeral Services, Inc. v. Washburn-McReavy Funeral Corp.Supreme Court of Minnesota · 2011
  2. Hartford Casualty Insurance v. Travelers Indemnity Co.California Court of Appeal · 2003
  3. Morgan Creek Residential v. KempCalifornia Court of Appeal · 2007
  4. Taxel v. Chase Manhattan Bank, USA, N.A. (In Re Deuel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
  5. Ex parte Arvest BankSupreme Court of Alabama · 2016

12 more not listed; retrieve them via the Exa API.

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