W.G. Realty v. Alden
Filed 6/19/06 W.G. Realty v. Alden CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SIX
| W.G. REALTY et al., Plaintiffs and Respondents, v. NICK A. ALDEN, Defendant and Respondent. | 2d Civil No. B183194 (Super. Ct. No. SC032136) (Ventura County)
ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on June 5, 2006, be modified as follows:
On page 4, the third full paragraph beginning "This suit was timely" is deleted and the following paragraph is inserted in its place:
"This suit was timely under the three-year statute. A judgment lien is created by recording an abstract of judgment with the county recorder. (Code Civ. Proc., § 697.310, subd. (a).) The stipulated judgment against Donald Henry was entered on November 25, 1996, but Alden did not record an abstract of judgment until July 22, 1999. The current action was filed on March 5, 2002, within three years of the recordation. The trial court properly concluded that plaintiffs' cause of action for quiet title accrued when Alden recorded the abstract of judgment that placed a cloud on the title, and that their suit was timely."
There is no change in judgment.
Appellant's petition for rehearing is denied.
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