Legal Opinion

Cnty. Line Holdings, LLC v. McClanahan

California Court of Appeal, 5th District

Decided May 2, 2018No. 2d Civil No. B278790PublishedCited by 2 opinions

1Opinion of the CourtGilbert, P.J.

*1069A cause of action survives one year after the death of a debtor. But not a judgment lien. Judgment liens have longevity.

A judgment debtor dies. A contest over the priority of two judgment liens ensues. Both liens were established prior to the judgment debtor's death. After the judgment debtor died, plaintiff purchased one judgment lien at the execution sale of the junior lien. Plaintiff then brought this action to quiet title against defendant's senior lien. The trial court gave judgment to plaintiff. The court concluded that enforcement of defendant's senior lien was barred by Code of Civil…

2Cases cited5 opinions

  1. Bay Cities Paving & Grading, Inc. v. Lawyers' Mutual InsuranceCalifornia Supreme Court · 1993
  2. Wagner v. WagnerCalifornia Court of Appeal · 2008
  3. Corporation of America v. MarksCalifornia Supreme Court · 1937
  4. Embree v. EmbreeCalifornia Court of Appeal · 2004
  5. General Development Co., L.P. v. City of Santa MariaCalifornia Court of Appeal · 2012

3Cited by2 opinions

  1. Belcher v. Bakkers CA4/3California Court of Appeal · 2021
  2. Hilltop Group, Inc. v. County of San DiegoCalifornia Court of Appeal · 2024

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