County of San Luis Obispo v. Ashurst

Opinion

GILBERT, J.

Plaintiff County of San Luis Obispo (hereafter the County) appeals from a minute order of September 3, 1981, denying a writ of execution against real property allegedly owned by judgment debtors Delmar and Mollie Juanita Ashurst.

We conclude that the real property is not subject to execution sale to satisfy the obligations of the individual judgment debtors since title to the parcels of real property against which the County sought execution is held not by Delmar Ashurst or his wife, or both, but by the Office of the Presiding Apostle of Roandoak of God, a corporation sole.

In November 1975, the County filed a complaint in municipal court against the Ashursts for $2,428.02 for medical expenses incurred by Mollie Ashurst at San Luis Obispo County General Hospital. In January 1976, the County filed an amended complaint in. which it alleged that Delmar and Mollie Ashurst were indebted to the County for medical services valued at $10,605.62. Delmar Ashurst admitted by answer that the services were rendered in the amount alleged but asserted that liability for payment rested with Medi-Cal. The matter was transferred to superior court on February 3, 1976.

On February 9, 1978, Delmar Ashurst filed articles of incorporation for “the Office of the Presiding Apostle of Roandoak of God, a corporation sole.” By deeds recorded February 10, 1978, Delmar Ashurst transferred various parcels of real property to himself, the “Office of the Presiding Apostle of Roandoak of God, a corporation sole.” On April 13, 1978, the articles were amended to change the name of the corporation sole to simply Roandoak of God.

On February 10, 1978, the County obtained an order for summary judgment against the individuals Delmar and Mollie Ashurst in the amount of $10,605.62 with 7 percent interest from October 4, 1975. The total judgment was $12,385.22 including interest as of that date. This judgment was filed November 1, 1978, and was later vacated for reasons not here relevant.

On May 23, 1979, the County filed an amendment to the amended complaint, increasing the amount of the damages because Mollie Ashurst had again been a hospital patient. In this complaint the County sought an addi

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