Legal Opinion

County of San Luis Obispo v. Ashurst

California Court of Appeal

Decided July 26, 1983No. Civ. 67587PublishedCited by 5 opinions

1Opinion of the Court

Opinion

GILBERT, J.

Plaintiff County of San Luis Obispo (hereafter the County) appeals from a minute order of September 3, 1981, denying a writ of execution against real property allegedly owned by judgment debtors Delmar and Mollie Juanita Ashurst.

We conclude that the real property is not subject to execution sale to satisfy the obligations of the individual judgment debtors since title to the parcels of real property against which the County sought execution is held not by Delmar Ashurst or his wife, or both, but by the Office of the Presiding Apostle of Roandoak of God, a corporation sole.

In…

2Cases cited3 opinions

  1. Roman Catholic Archbishop v. ShipmanCalifornia Supreme Court · 1889
  2. Santillan v. MosesCalifornia Supreme Court · 1850
  3. Estate of ZabriskieCalifornia Court of Appeal · 1979

3Cited by5 opinions

  1. Berry v. Society of Saint Pius XCalifornia Court of Appeal · 1999
  2. Diocese of San Joaquin v. GunnerCalifornia Court of Appeal · 2016
  3. In Re Episcopal Church CasesCalifornia Court of Appeal · 2007
  4. Chambers v. Comm'rUnited States Tax Court · 2011
  5. Diocese of San Joaquin v. GunnerCalifornia Court of Appeal · 2016

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