O'CALLAGHAN v. People

MARTINELLI, J. pro tem.

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Plaintiff Mary H. O’Callaghan sought a decree quieting title to certain real property located in Contra Costa County. She appeals from the judgment holding that the property was subject to valid and subsisting liens of the defendant State of California.

The evidence shows that on March 19, 1947, three months before her marriage to Maurice O’Callaghan, appellant contracted to purchase the real property which is the subject of this litigation. The property was conveyed by a joint tenancy deed to appellant and 0’Callaghan as joint tenants. Appellant and 0’Callaghan signed a joint note for payment of the purchase price of the property and on August 18, 1949, they jointly executed a deed of trust and signed a joint note to the Bank of America to secure a loan for the construction of improvements on the property. On April 28, 1950, O’Cal

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laghan signed a verified and recorded notice of completion of the improvements.

During the years 1935 through 1938, 0’Callaghan had incurred sales tax liability to the state and certificates of delinquency were filed for record in San Francisco County on March 4, 1940, May 1, 1940, and April 6, 1940. New certificates were filed in San Francisco County in 1944, 1945, 1949 and 1950 extending the liens created by the initial filings. On June 13, 1951, certificates were filed for record in both San Francisco County and Contra Costa County and were rerecorded in Contra Costa County on February 23, 1956. A portion of O ’Callaghan’s indebtedness was secured by a lien based on a recorded abstract of judgment, first filed for record on July 12, 1937, in San Francisco County. It was again recorded in that county in 1942, 1947 and 1951 and was recorded in Contra Costa County in 1951 and 1956.

The trial court found that appellant and O’Callaghan “. . . have held, and now hold, the property ... in joint tenancy. ’ ’ It was found that O’Callaghan “. . . on March 19, 1947, acquired, and now owns, an undivided one-half interest in the property,” and further that the property

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was purchased and improved with the joint credit and community assets . . .” of O’Callaghan and appellant. As to the liens created by the initial filing for record of the certificates and abstract of judgment, the court found that such liens were extended by the subsequent recordation in San Francisco and Contra Costa Counties.