Olson v. Buttram CA3

Filed 4/2/14 Olson v. Buttram CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Siskiyou)

KIMBERLY R. OLSON, C071549

Plaintiff and Appellant, (Super. Ct. No. SCSCCVCV XX-XXXXXXX) v.

KENNETH FRANK BUTTRAM et al.,

Defendants and Respondents.

Plaintiff Kimberly Olson, appearing in pro. per., appeals the trial court’s denial of her application for an order for the sale of residential property in satisfaction of a judgment. The trial court denied the application because it determined the property qualified as the homestead of judgment debtors Marci Buttram and Kenneth Frank Buttram (Frank Buttram), and was therefore exempt from sale pursuant to Code of Civil Procedure section 704.710 et seq.1

1 Further reference to an undesignated section is to the Code of Civil Procedure.

1

A homestead is the principal dwelling of a judgment debtor, and is exempt from sale for the satisfaction of a judgment.2 The judgment debtor’s dwelling is defined by statute to include a house, outbuildings, and land on which they are situated. The trial court rejected Olson’s argument that the residential property in question was not a homestead because the judgment debtor lived in a motor home located on the property, rather than in the house. We agree with the trial court’s interpretation of the relevant statutes, and shall affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND In this judgment roll appeal, the trial court’s findings of fact and conclusions of law are presumed to be supported by substantial evidence, and are binding on us unless reversible error appears in the record. (People v. Roscoe (2008) 169 Cal.App.4th 829, 839.) Consequently, we set forth the facts stated in the trial court’s order. The property at issue is 414 Henley-Hornbrook Road, Hornbrook, California. On March 17, 2011, the court entered a default judgment against defendants Frank Buttram and Marci Buttram in favor of Olson in the amount of $70,860. Prior to entry of the default judgment, on September 23, 2010, a homeowner’s exemption was recorded for the property in the name of Marci Buttram. On March 30, 2011, an abstract of judgment was recorded against the property, making that the date on which the judgment lien attached to the property. (Casey v. Gray (1993) 13 Cal.App.4th 611, 614.) At the time the judgment lien attached to the property, there was a motor home parked next to the house, within the boundaries of the property. Both Marci and Frank