Zerhioun v. Demisse CA1/4

Filed 8/27/25 Zerhioun v. Demisse CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

TEDENKILSH ZERHIOUN, Plaintiff and Appellant, A168634 v. YOSEPH DEMISSE and HAREG (Contra Costa County TEFFERA, Super. Ct. No. MSC2100779) Defendants and Respondents.

MEMORANDUM OPINION1 Pro se appellant Tedenkilsh Zerhioun seeks review of an order denying her motion to stay defendants’ sale of real property, which followed a final judgment awarding Zerhioun a one-half interest in the real property underlying the parties’ dispute. We affirm. As the parties are familiar with the facts and procedural history, we review them in brief. In May 2022, Zerhioun prevailed in a jury trial on a breach of contract claim, entitling her to an undivided one-half share in real property located in Contra Costa County, California, commonly known as

1 This matter is proper for disposition by a memorandum opinion in

accordance with the California Standards of Judicial Administration, Standard 8.1. (Cal. Stds. Jud. Admin., § 8.1; see Ct. App., First Dist., Local Rules of Ct., rule 19, Abbreviated Opinions; People v. Garcia (2002) 97 Cal.App.4th 847, 850–855 [use of memorandum opinions].)

1231 Marionola Way, Pinole, CA 94564 with the Assessor’s Parcel Number 401-362-021(the property). The following September, the trial court issued a statement of decision on the equitable issues and entered final judgment, which, inter alia, found in favor of Zerhioun’s claim for specific performance. The trial court ordered, in relevant part: “Within 90 days of entry of the final judgment, Plaintiff is to pay Defendants $237,500.00. Plaintiff can subtract from that sum the amount necessary to fully discharge the mortgage, as one-half of the mortgage is Plaintiff’s responsibility. In return, Defendants will transfer title to the Property in Tede Zerhioun’s name. [¶] . . . Alternatively, in the event that Plaintiff is unable or fails to pay that sum within 90 days of the entry of the final Judgment, then the Property will be sold to the highest bidder after being listed. The proceeds of the sale will be divided equally between the parties, less the commission and the mortgage and any expenses incurred in the course of closing escrow. The listing agent is to be agreed on within 7 days failing which the Court will appoint one.” The court also awarded Zerhioun with prejudgment and post judgment interest on her award of $50,000 in punitive damages. On March 22, 2023, following a series of challenges to the judgment which “delayed the 90-day time period,” the trial court issued an order granting Zerhioun’s motion to enforce the judgment. The court ruled that this restarted the 90-day clock for Zerhioun to buy out defendants’ interest in the property, and that the clock would expire on June 20, 2023. The court also ordered defendants “to sign all necessary paperwork to facilitate a buyout and transfer of title of the real property” with the proviso that “[i]f Plaintiff is unable to facilitate and buy out the property [then it] shall be sold,” in which case defendants were “ordered to sign any necessary paperwork to facilitate the sale of the property.” The court further declared