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California Civil Procedure, Keyed to Levine, 6th Ed.
Kahn v. Berman
Citation:
198 Cal. App. 3d 1499, 244 Cal. Rptr. 575 (1988)Facts
William and John Kahn contracted with William Berman and others for purchase of a rental business in Las Vegas, Nevada. Disputes arose and litigation ensued in Nevada state courts. In 1984, following a jury trial, the Kahns were awarded a money judgment exceeding $1.2 million against the Bermans, including significant punitive damages for fraud. The Kahns recorded the entire Nevada judgment in San Mateo County on July 20, 1984. Five days later, a purported $500,000 deed of trust was recorded against the Bermans’ Hillsborough residence by “The Berman Corporation” with suspicious timing. The Kahns obtained a California judgment on March 13, 1985, and levied execution on the Bermans’ residence on March 7, 1986. The Bermans recorded a declaration of homestead on April 18, 1986. The trial court authorized sale of the residence, finding the Kahns’ execution lien had priority over the homestead declaration but erroneously concluded the Bermans were not entitled to the statutory homestead exemption.
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