Orr v. Byers

Opinion

SONENSHINE, J.

The question presented in this appeal is whether an abstract of judgment containing a misspelled name imparts constructive notice of its contents under the doctrine of idem sonans. We conclude it does not and, accordingly, affirm the trial court’s ruling.

I

The facts are not in dispute. In October 1978, James Orr obtained a judgment in excess of $50,000 against William Elliott. The written judgment prepared by Orr’s attorney identified Elliott erroneously as “William Duane Elliot.” The following month, an abstract of judgment was recorded in the Orange County Recorder’s…