California Laws|Section 704.750.

                                                

704.750.  

(a) Promptly after a dwelling is levied upon (other than a dwelling described in subdivision (b) of Section 704.740), the levying officer shall serve notice on the judgment creditor that the levy has been made and that the property will be released unless the judgment creditor complies with the requirements of this section. Service shall be made personally or by mail. Within 20 days after service of the notice, the judgment creditor shall apply to the court for an order for sale of the dwelling and shall
file a copy of the application with the levying officer. If the judgment creditor does not file the copy of the application for an order for sale of the dwelling within the allowed time, the levying officer shall release the dwelling.

(b) If the dwelling is located in a county other than the county where the judgment was entered:

(1) The judgment creditor shall apply to the superior court of the county where the dwelling is located.

(2) The judgment creditor shall file with the application an abstract of judgment in the form prescribed by Section 674 or, in the case of a judgment described in Section 697.320, a certified copy of the judgment.

(3) The judgment creditor shall pay the filing fee for a motion as provided in subdivision (a) of Section 70617
of the Government Code.

(Amended by Stats. 2005, Ch. 75, Sec. 37. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)

View Latest Rulings

Nava Enterprise Inc CASE CATEGORY: Civil - Unlimited CASE TYPE: Contract - Other EVENT TYPE: Application (CLM) for Order of Sale of Dwelling CCP Section 704.750 MOVING PARTY: Rabobank NA CAUSAL DOCUMENT/DATE FILED: Application for Order for Sale of Dwelling CCP Section 704.750, 07/19/2022 APPEARANCES BRUCE W. HOGAN, counsel, present for Plaintiff(s) telephonically.

  • Case No.

    2018-00512198

  • Hearing

    Aug 30, 2022

Section 704.750 requires that the application be filed within 20 days of service of the notice, which in this case would be August 9, 2023. However, Plaintiff did not file its amended application until August 11, 2023. Because Plaintiffs first application failed to comply with section 704.760 and its second application was untimely pursuant to section 704.750, subdivision (a), Plaintiffs application for order for sale of a dwelling is deficient.

  • Name

    WESTERN SAGES FOUNDATION VS LAN HUA KU

  • Case No.

    21GDCV00984

  • Hearing

    Oct 03, 2023

  • County

    Los Angeles County, CA

On March 9, 2021, the court denied the application for an order to show cause on the ground that the application was not timely filed under CCP section 704.750.

  • Name

    MID STATE BUILDERS, INC VS LEWIS

  • Case No.

    RG21090284

  • Hearing

    Apr 02, 2021

On August 11, 2017, the court noted it would grant the order of sale on the condition that judgment creditor file, among other things, a proof of service or other evidence demonstrating that a copy of the application was timely filed with the levying officer as required by Code of Civil Procedure section 704.750, subdivision (a). No such proof has been filed. Judgment creditor to give notice.

  • Name

    NORTH HILLS TENNIS AND SWIM CLUB HOMEOWNERS ASSN. C/O DON CLARK VS. KALANTARI [RELATED TO 2 & 3]

  • Case No.

    30-2015-00777379-CU-SC-CJC

  • Hearing

    Oct 01, 2017

On August 11, 2017, the court noted it would grant the order of sale on the condition that judgment creditor file, among other things, a proof of service or other evidence demonstrating that a copy of the application was timely filed with the levying officer as required by Code of Civil Procedure section 704.750, subdivision (a). No such proof has been filed. Judgment creditor to give notice.

  • Name

    NORTH HILLS TENNIS AND SWIM CLUB HOMEOWNERS ASSN, C/O DON CLARK VS. KALANTARI

  • Case No.

    30-2015-00777363-CU-SC-CJC

  • Hearing

    Oct 01, 2017

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7 Files
Filed

Mar 05, 2021

Status

Closed

Judge

Hon. Drew C. Takaichi Trellis Spinner 👉 Discover key insights by exploring more analytics for Drew C. Takaichi

Court

Santa Clara

County

Santa Clara County, CA

Category

Other Petition (Not Spec) Unlimited (43)

Practice Area

Family

Matter Type

General Family

7 Files
Filed

Aug 17, 2018

Status

Non-Jury Verdict

Judge

Hon. Freeland, John D Trellis Spinner 👉 Discover key insights by exploring more analytics for Freeland, John D

Court

Stanislaus County

County

Stanislaus County, CA

Practice Area

Commercial

Matter Type

Breach of Contract

Filed

Mar 27, 2006

Status

Default Judgment

Judge

Hon. Mel Red Recana Trellis Spinner 👉 Discover key insights by exploring more analytics for Mel Red Recana

Court

Stanley Mosk Courthouse

County

Los Angeles County, CA

Category

Quiet Title (General Jurisdiction)

Practice Area

Property

Matter Type

Quiet Title

7 Files
Filed

Jul 15, 2014

Status

Dismissal

Judge

Hon. Barbara A. Meiers Trellis Spinner 👉 Discover key insights by exploring more analytics for Barbara A. Meiers

Court

Stanley Mosk Courthouse

County

Los Angeles County, CA

Category

Collections Case - Seller Plaintiff (General Jurisdiction)

Practice Area

Creditor

Matter Type

Collections

Filed

Jul 28, 2015

Status

Dismissal

Judge

Hon. David M. Chapman Trellis Spinner 👉 Discover key insights by exploring more analytics for David M. Chapman

Court

Riverside County

County

Riverside County, CA

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Doc thumbnail Section 704.740.

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e 1 Bar No. 45240 Martin F. Goldman Superioy LED LAW OFFICES OF MARTIN F. GOLDMAN ounty ifornig A Professional Corporation 15910 Ventura Boulevard, Suite 1525 Encino, California 91436 Telephone: 310-470-8487 …

Case Filed

Jul 15, 2014

Case Status

Court-Ordered Dismissal - Other (Other) 10/17/2014

County

Los Angeles County, CA

Filed Date

Aug 29, 2017

Category

Collections Case - Seller Plaintiff (General Jurisdiction)

Judge Hon. Barbara A. Meiers Trellis Spinner 👉 Discover key insights by exploring more analytics for Barbara A. Meiers
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@ e ” Bar No. 45240 Martin F. Goldman LAW OFFICES OF MARTIN F. GOLDMAN A Professional Corporation FILED 15910 Ventura Boulevard, Suite 1525 Superior Court of Californi a …

Case Filed

Jul 15, 2014

Case Status

Court-Ordered Dismissal - Other (Other) 10/17/2014

County

Los Angeles County, CA

Filed Date

Aug 29, 2017

Category

Collections Case - Seller Plaintiff (General Jurisdiction)

Judge Hon. Barbara A. Meiers Trellis Spinner 👉 Discover key insights by exploring more analytics for Barbara A. Meiers
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ie San Francisco Superior Courts {Information Technology Group ii Document Scanning Lead Sheet Jan-04-2007 3:01 pm Case Number: CGC-02-407264 Filing Date: Jan-04-2007 3:00 Juke Box: 001 Image: 01641522 ORDER MOUNTAIN PEAKS FINANCIAL SERVICES, INC. VS. KARL L PERRY Il et al 001001641522 Instructions: Please place this sheet on top of the document to be scanned.€ € LAW oFFices JAN - 4 2001 GRAHAM VAAGE & CISNEROS 500 NORTH BRAND BOULEVARD . \ SUITE 1030 ARDS Ayronare, FILED, Ss LV: , SBN …

County

San Francisco County, CA

Filed Date

Jan 04, 2007

Category

COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS

Judge Hon. Patrick J. Mahoney Trellis Spinner 👉 Discover key insights by exploring more analytics for Patrick J. Mahoney
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3 OJ 0 0 la 1 FILED , . ' 1 Howard Goodman, State Bar #76570 …

Case Filed

Oct 18, 2016

Case Status

Summary Judgment 04/19/2017

County

Los Angeles County, CA

Filed Date

Dec 11, 2018

Category

Breach Contrct/Warnty (Sellr Pltf) (General Jurisdiction)

Judge Hon. Mark A. Young Trellis Spinner 👉 Discover key insights by exploring more analytics for Mark A. Young
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Case Filed

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Case Status

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County

Kern County, CA

Filed Date

Jun 18, 2015

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