Berhanu v. Metzger

Opinion

TODD, J.

In October 1990 a Portland, Oregon court entered a judgment against Tom Metzger arising out of the beating death of a Black man. On December 18, 1990, an abstract of the judgment was recorded in San Diego County. On February 21, 1991, the San Diego County Superior Court executed the judgment on a home owned by Metzger. On May 14, 1991, the court granted Metzger a $45,000 exemption.

1

He contends the exemption should have been $75,000.

A family’s principal dwelling is its homestead. (Code Civ. Proc., § 704.710, subd. (c).)

2

A homestead is exempt from execution in the amount set forth in section 704.730.

[447]

Before January 1,1991, a $45,000 exemption existed on property Metzger claimed as a homestead. Effective January 1, 1991, the exemption increased to $75,000. (§ 704.730, subd. (a)(2).) Relying on section 703.050, subdivision (c), Metzger argues the increased exemption is applicable here. Section 703.050 provides:

“(a) The determination whether property is exempt or the amount of an exemption shall be made by application of the exemption statutes in effect (1)

at the time the judgment creditor’s lien on the property was created

or (2) if the judgment creditor’s lien on the property is the latest in a series of overlapping liens created when an earlier lien on the property in favor of the judgment creditor was in effect, at the time the earliest lien in the series of overlapping liens was created.

“(b) This section applies to all judgments, whether based upon tort, contract, or other legal theory or cause of action that arose before or after the operative date of this section, and whether the judgment was entered before or after the operative date of this section.

“(c) Notwithstanding subdivision (a), in the case of a levy of execution,