06AM02907

Patterson Dental Supply, Inc. vs. B. Nydegger, DDS

Nature of Proceeding: Motion for Order for Sale of Jgmt Debtor’s Interest in Real Property – Not

Filed By: Booska, Steven A.

Plaintiff Patterson Dental Supply’s unopposed motion for order of sale of judgment debtor’s interest in real property (not a dwelling) is granted.

Plaintiff has an unpaid judgment of $12,185.27 against Defendant and Judgment Debtor Bradley Nydegeer. Plaintiff has shown that Defendant has a 50% joint tenancy interest in real property located at 2306 Carmelo Way in Yuba City. Defendant does not live at the property. Plaintiff seeks to sell Defendant’s interest in the property.

Where, as here, the subject property is not the debtor’s dwelling, a court order for sale is not required and the statutes relating to the procedures for a court ordered sale do not apply. (CCP § 704.740(b).) Here, Plaintiff has shown that Defendant does not reside at the subject property and instead resides in Castaic, California. (Booska Decl.) As a result, Defendant does not have a valid homestead exemption on the subject property given that Defendant did not continuously reside in the property from the date the judgment lien attached to the property in 2006 until the date of any Court determination that the dwelling is a homestead. (CCP § 704.710(c).)

Plaintiff’s motion for an order the Defendant’s joint tenancy interest in the Yuba City property be sold for the purposes of satisfying the $12,185.27 judgment is granted.