Spencer v. Lowery

Opinion

LOW, P.

J.—Plaintiff appeals from the grant of defendants’ claim of statutory homestead exemption under Code of Civil Procedure section 704.720, subdivision (b). Plaintiff contends defendants are not entitled to the statutory homestead exemption because the sale of defendants’ home under a power of sale in a deed of trust was not in execution of a money judgment, as required under section 704.720, subdivision (b). We agree and reverse.

Plaintiff Norma Spencer is the executrix of the estate of Anthony Kryla. An action was filed during Kryla’s lifetime against the defendants Donald and…