CIV458757 PETER BEDROSSIAN VS. CYNTHIA SMITH

PETER S. BEDROSSIAN JAMES T. JOHNSON CYNTHIA A. SMITH

ORDER TO SHOW CAUSE RE: SALE OF REAL PROPERTY TENTATIVE RULING:

The application for order for sale of real property will be granted upon Judgment Creditor’s filing and serving its Application signed under penalty of perjury.

Service of the Application and supporting papers is sufficient. (Code of Civ. Proc. sect 704.770, subd. (b)(1), (2).)

The Application is deficient because it is not signed under penalty of perjury. (Code of Civ. Proc. sect. 704.760 (application for order for sale of real property must be executed under penalty of perjury). Enforcement of judgment procedures require strict compliance with the applicable statutes. (Epstein v. Abrams (1997) 57 Cal. App. 4th 1159, 1166–67.) Since the application is not under oath, the application is not submitted under penalty of perjury.

Other than the omitted signature under oath, the application meets the requirements for an order for sale of real property. (See Code of Civ. Proc. sect. 704.760.)

The property is appraised at $1,900,000.00. (Declaration of Botta).

Judgment Debtor’s homestead exemption is $75,000.00

The Court finds that the five liens recorded by the Employment Development Department Liens on February 8, 2007, May 14, 2007 and on July 6, 2007, are expired and no longer encumber the property. (Gov’t Code sect. 7172(b) & (c).)

The property may not be sold unless a successful bid is at least 90 percent of the fair market value (Code of Civ. Proc. § 704.800, subd. (b)), which in this case would be $1,710,00.00. A successful bid must be sufficient to satisfy the Judgment, homestead exemption, plus all senior liens. (Code of Civ. Proc. sect. 704.800(a); Bratcher v. Buckner (2001) 90 Cal.App.4th 1177, 1189.)

The Court finds that a bid of at least 90 percent of the $1.9 million fair market value is sufficient to satisfy the Judgment, homestead exemption, and all liens senior to that of Judgment Creditor.

The Court will grant the Application upon Judgment Creditor’s filing and serving an Application that is signed under penalty of perjury.