What is an Application for Order of Sale of Dwelling?

Useful Rulings on Application for Order of Sale of Dwelling

Recent Rulings on Application for Order of Sale of Dwelling

THOMAS W LUCZAK VS. RICK SEVERSTON

Luczak ("creditor"), for issuance of an order of sale of dwelling owned by defendant and judgment debtor, Rick Severtson ("debtor"): The Court DENIES the application for the following reasons: (1) The application is made pursuant to Code of Civil Procedure section 704.780, et seq., in an effort to enforce a 2017 judgment entered in creditor's favor and against debtor in the principal sum of $596,173.

  • Hearing

RITA BOGHAIRI VS. ASARO, KEAGY, FREELAND & MCKINLEY, LLP

Discussion An order for sale of dwelling is generally required before a property may be sold to enforce a money judgment against the "interest of a natural person in a dwelling." Code Civ. Proc. § 704.740. The Court must determine whether the dwelling is subject to an exemption and, if so, the fair market value and whether a sale subject to the exemption is likely to produce a bid sufficient to satisfy all senior liens and encumbrances. Code Civ. Proc. § 704.780(b).

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

RITA BOGHAIRI VS. ASARO, KEAGY, FREELAND & MCKINLEY, LLP

Discussion An order for sale of dwelling is generally required before a property may be sold to enforce a money judgment against the "interest of a natural person in a dwelling." Code Civ. Proc. § 704.740. The Court must determine whether the dwelling is subject to an exemption and, if so, the fair market value and whether a sale subject to the exemption is likely to produce a bid sufficient to satisfy all senior liens and encumbrances. Code Civ. Proc. § 704.780(b).

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

THE BEST SERVICE CO. VS MITSUMASA OKAMOTO-ET AL

.: VC032122 HEARING: 10/29/2020 #13 TENTATIVE ORDER Judgment Creditor WV SPE 2018-3A, LLC’s unopposed application for issuance for order of sale of dwelling is GRANTED in part. Moving Party to give Notice No Opposition filed as of October 27, 2020. Judgment Creditor’s unopposed Application is GRANTED. Judgment Creditor is an assignee of a $98,669.84 Judgment against Judgement Debtors MITSUMASA OKAMOTO and AKIKO OKAMOTO.

  • Hearing

  • Type

    Collections

  • Sub Type

    Promisory Note

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

MARIA VAQUERANO, ET AL. VS. VERA SIEGERT, ET AL.

F-49 Calendar # 7 Date: 10-27-20 c/f 8-11-20 c/f 4-29-20 c/f 3-23-20 Case #PC057500 APPLICATION FOR ORDER OF SALE OF DWELLING MOVING PARTY: Judgment Creditors, Maria Vaquerano, et al. RESPONDING PARTY: Unopposed/Judgment Debtor, Vera Castellanos RELIEF REQUESTED Application for Order of the Sale of Dwelling SUMMARY OF ACTION On January 3, 2017, Plaintiffs filed their complaint for breach of written contract, fraud, elder abuse, unjust enrichment, and recission based on fraud.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

HOA PHAN VS DELIA M MADRONA

HEARING ON OSC RE: WHY AN ORDER FOR SALE OF DWELLING SHOULD NOT ISSUE * TENTATIVE RULING: * Counsel and respondent to appear by CourtCall. The order for sale of the dwelling is granted. However, the moving papers do not discuss how such a sale is to be carried out. Does the applicant seek appointment of a receiver, or what? The Court also notifies Ms.

  • Hearing

BALBOA CAPITAL CORPORATION, A CALIFORNIA CORPORATION VS SAMVEL GUKASYAN

.: 19BBCP00266 Hearing Date: October 21, 2020 (cont. from September 18, 2020) [TENTATIVE] order RE: Application for issuance of order for sale of dwelling BACKGROUND Plaintiff Balboa Capital Corp. (“Plaintiff”) filed the Application for Issuance of Order for Sale of Dwelling on July 22, 2019. The application seeks a Court order that the dwelling located at 7445 Tranquil Drive, Tujunga, CA 91042 be sold at auction against Defendant/judgment debtor Samvel Gukasyan (“Gukasyan”).

  • Hearing

  • County

    Los Angeles County, CA

BMO HARRIS BANK N.A. VS CHEEMA TRUCK LINES, INC.

Application RE Order for sale of dwelling Appearance is required. The matter will be heard remotely by telephone at its scheduled date and time: (209)992-5590 Bridge# 6939 Pin# 3892

  • Hearing

MELVYN J. BERNIE, ET AL. VS ELSA RAMIREZ

[TENTATIVE] ORDER RE: SALE OF DWELLING On February 14, 2014, Plaintiffs Melvyn J. Bernie, individually and as trustee for the Bernie Family Trust dated October 31, 1990; Laurie S. Bernie, individually and as trustee for the Bernie Family Trust dated October 31, 1990; Mel Bernie & Company, Inc. dba 1928 Jewelry Company; Laurie B LLC; Emily A LLC; JEWELM LLC; and 1928 Watch Company (collectively, “Plaintiffs”) filed this action against Elsa Ramirez (“Defendant”).

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

BUTCH TRUST VS MERRILL LYNCH FENNER & SMITH

The Settlement Agreement (1) settled the Judgment Debt for $145,000; (2) allowed for a credit of $100,000 and states the outstanding balance to be $45,000; (3) set up a payment schedule for the Judgment Debtor to comply with; (3) required Plaintiff to dismiss an OSC re: Sale of Dwelling; (4) stipulated that Plaintiff’s Motion for Order for Liquidation and Distribution to Merrill Lynch be granted; (5) required Plaintiff to hold the Merill Lynch Garnishment Order as security and guarantee of payment only and to

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    H. Jay Ford

  • County

    Los Angeles County, CA

BUTCH TRUST VS MERRILL LYNCH FENNER & SMITH

The Settlement Agreement (1) settled the Judgment Debt for $145,000; (2) allowed for a credit of $100,000 and states the outstanding balance to be $45,000; (3) set up a payment schedule for the Judgment Debtor to comply with; (3) required Plaintiff to dismiss an OSC re: Sale of Dwelling; (4) stipulated that Plaintiff’s Motion for Order for Liquidation and Distribution to Merrill Lynch be granted; (5) required Plaintiff to hold the Merill Lynch Garnishment Order as security and guarantee of payment only and to

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    H. Jay Ford

  • County

    Los Angeles County, CA

RITA BOGHAIRI VS. ASARO, KEAGY, FREELAND & MCKINLEY, LLP

An order for sale of dwelling is generally required before a property may be sold to enforce a money judgment against the "interest of a natural person in a dwelling." Code Civ. Proc. § 704.740. The Court must determine whether the dwelling is subject to an exemption and, if so, the fair market value and whether a sale subject to the exemption is likely to produce a bid sufficient to satisfy all senior liens and encumbrances. Code Civ. Proc. § 704.780(b).

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

RITA BOGHAIRI VS. ASARO, KEAGY, FREELAND & MCKINLEY, LLP

An order for sale of dwelling is generally required before a property may be sold to enforce a money judgment against the "interest of a natural person in a dwelling." Code Civ. Proc. § 704.740. The Court must determine whether the dwelling is subject to an exemption and, if so, the fair market value and whether a sale subject to the exemption is likely to produce a bid sufficient to satisfy all senior liens and encumbrances. Code Civ. Proc. § 704.780(b).

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

RIVERWALK MASTER HOMEOWNERS ASSOCIATION VS. KAWILE

Status Conference Order to Show Cause Re: Sale of Dwelling As per the declaration of Judgment creditors/plaintiffs’ counsel (see Register of Action #50), the bankruptcy case of Defendant/judgment debtor, Tito Kawile, has been dismissed. The Court therefore vacates any stay of this action. Regarding the Order to Show Cause (OSC) re Sale of Dwelling, there appears to be no record showing that the judgment debtors were informed of the present hearing.

  • Hearing

MELVYN J. BERNIE, ET AL. VS SUZZANE EDMEIER, ET AL.

OSC Re: Sale of Dwelling Assignee also requests that the Court set an order to show cause why order for sale of dwelling should not take place. (See Motion at pp. 7-8; Proposed Order at pp. 2-3.) This request is DENIED without prejudice to Assignee’s filing of a properly noticed application for sale of dwelling. Moving party to give notice. Parties who intend to submit on this tentative must send an email to the Court at [email protected] indicating intention to submit.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

WWF OPERATING COMPANY VS. ASEPTIC TECHNOLOGY LLC

Motion for Order for Sale of Non-Dwelling OSC Re: Sale of Dwelling This matter is continued to 11/20//2020. Clerk to give notice.

  • Hearing

RIVERWALK MASTER HOMEOWNERS ASSOCIATION VS. KAWILE

Order to Show Cause re: Sale of Dwelling Status Conference This matter is continued 10/9/2020. Clerk to give notice.

  • Hearing

BALBOA CAPITAL CORPORATION, A CALIFORNIA CORPORATION VS SAMVEL GUKASYAN

.: 19BBCP00266 Hearing Date: September 18, 2020 [TENTATIVE] order RE: Application for issuance of order for sale of dwelling BACKGROUND Plaintiff Balboa Capital Corp. (“Plaintiff”) filed the Application for Issuance of Order for Sale of Dwelling on July 22, 2019. The application seeks a Court order that the dwelling located at 7445 Tranquil Drive, Tujunga, CA 91042 be sold at auction against Defendant/judgment debtor Samvel Gukasyan (“Gukasyan”).

  • Hearing

  • County

    Los Angeles County, CA

ERIC ABRAHAMSON ASSIGNEE OF RECORD LT CAPITAL ASSETS LLC VS TECHNICAL SOLUTIONS GROUP INTERNATIONAL

TENTATIVE RULING An order for sale of dwelling is generally required before a property may be sold to enforce a money judgment against the "interest of a natural person in a dwelling." Code Civ. Proc. § 704.740. The Court must determine whether the dwelling is subject to an exemption and, if so, the fair market value and whether a sale subject to the exemption is likely to produce a bid sufficient to satisfy all senior liens and encumbrances. Code Civ. Proc. § 704.780(b).

  • Hearing

  • Type

    Other

  • Sub Type

    Enforcement

HAJALI V HAJALI

Moving Party Judgement Debtor Tenice Hajali Motion to Set Aside Order For Sale of Dwelling. The motion of judgment debtor for an order setting aside the order for sale of dwelling dated February 24, 2020 is DENIED as MOOT in light of the acknowledgment of full satisfaction of judgment filed on September 18, 2020. Moving party to give notice.

  • Hearing

(NO CASE NAME AVAILABLE)

Judgment Debtor’s opposition to the Application for Order for Sale of Dwelling was filed on the morning of November 12, 2019, immediately prior to the hearing. Accordingly, the Court continued the hearing on the Order for Sale of Dwelling to allow for review of the opposition. The hearing on the Order for Sale of Dwelling initially came for hearing on July 16, 2020.

  • Hearing

MELVYN J. BERNIE, ET AL. VS ELSA RAMIREZ

The proof of service filed on March 9, 2010 indicates that on March 5, 2020, Defendant was served by Priority Mail at the Dwelling with (1) Order to Show Cause Why Order for Sale of Dwelling Should Not Be Made; (2) Assignee’s Application for Order for Sale of Dwelling and Issuance of Order to Show Cause Why Order for Sale Should Not be Made; (3) Memorandum of Points and Authorities; (4) Declaration of Cole Yeargin; and (5) Notice of Hearing on Right to Homestead Exemption.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MARIA VAQUERANO, ET AL. VS. VERA SIEGERT, ET AL.

(Rousso Decl. ¶8) Based on the foregoing, the application for issuance for order of sale of dwelling commonly known as 9620 Alene Dr., Tujunga, CA 91042 (APN 2563-036-012) is granted. Plaintiffs must submit an order in compliance with CCP 704.780(b).

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

KEY CAPITAL FUND LLC VS SAMUIL PREYS

.: BC511990 Matter: Application for Sale of Dwelling Moving Party: Plaintiff/Judgment creditor Key Capital Fund, LLC Responding Party: Defendant Samuil Preys and his spouse, nonparty Polina Preys

  • Hearing

1ST MERCHANT FUNDING LLC VS. BARBAR, INC.

F-47 Date: 7/24/20 Case #PC057946 HEARING ON APPLICATION FOR SALE OF DWELLING & ORDER TO SHOW CAUSE WHY AN ORDER FOR SALE SHOULD NOT BE MADE Notice of Hearing & Application filed on 8/1/19. MOVING PARTY: Plaintiff 1st Merchant Funding, LLC RESPONDING PARTY: Third Party Dana Baker and Defendants Barbar, Inc. and Dominic Barbar RELIEF REQUESTED: An order permitting the sale of the dwelling commonly known as 28361 Falcon Crest Drive, Santa Clarita, CA 91351. RULING: The application is granted.

  • Hearing

  • Type

    Collections

  • Sub Type

    Collections

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