U.A. Local 342 Joint Labor-Management Committee et al v. Roeber's Inc. et al
Filing
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ORDER DENYING 38 PLAINTIFFS' "ADMINISTRATIVE MOTION FOR APPLICATION FOR ORDER FOR SALE OF DWELLING." Signed by Magistrate Judge Laurel Beeler on 11/8/2013.(lblc2, COURT STAFF) (Filed on 11/8/2013)
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UNITED STATES DISTRICT COURT
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Northern District of California
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San Francisco Division
UA LOCAL 342 JOINT LABORMANAGEMENT COMMITTEE, et al.,
No. C 11-04225 LB
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For the Northern District of California
UNITED STATES DISTRICT COURT
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ORDER DENYING PLAINTIFFS’
“ADMINISTRATIVE MOTION FOR
APPLICATION FOR ORDER FOR
SALE OF DWELLING”
Plaintiffs,
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v.
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ROEBER’S, INC, et al.,
[Re: ECF No. 38]
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Defendants.
_____________________________________/
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INTRODUCTION
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Plaintiffs sued Defendants to collect unpaid contributions found owing to a multi-employer
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benefit plan. Pursuant to the parties’ stipulation, the court entered judgment against one of the
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defendants. Plaintiffs now ask the court to issue an order allowing that defendant’s real property to
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be forcibly sold to cover the remaining amount he owes on the judgment. For the reasons stated
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below, the court DENIES Plaintiffs’ Application.
STATEMENT
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On August 26, 2011, Plaintiffs filed in this court an ERISA action against Defendants Roeber’s,
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Inc. and John Roeber. Complaint, ECF No. 1. The parties agreed to settle the action during a
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settlement conference on May 21, 2012, Minute Entry, ECF No. 27, and a few days later the court
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entered the parties’ stipulated judgment and closed the case, Entered Stipulated Judgment, ECF No.
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29. The stipulated judgment was in favor of Plaintiffs and against Mr. Roeber in the amount of
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ORDER
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$170,000. Id.
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On October 1, 2013, Plaintiffs filed in this court an “Administrative Motion for Application for
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Order for Sale of Dwelling.” Application, ECF No. 38. In short, Plaintiffs would like an order from
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this court allowing Mr. Roeber’s real property to be forcibly sold to cover the approximately
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$83,000 (plus daily interest) that he apparently still owes on the judgment against him. See
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generally id. Defendants oppose the application, arguing that California’s “homestead exemption”
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applies and that, even if the real property is sold, Plaintiffs will not receive any money from the sale
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because at its present market value only lienholders senior to Plaintiffs would be paid. Opposition,
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ECF No. 39.
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No. 38 at 2. Tahoe Vista, California is located in Placer County, California.
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For the Northern District of California
UNITED STATES DISTRICT COURT
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The real property at issue is a dwelling located in Tahoe Vista, California. See Application, ECF
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ANALYSIS
I. LEGAL STANDARD
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Under Federal Rule of Civil Procedure 69, a money judgment must be enforced by a writ of
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execution. Fed. R. Civ. P. 69(a)(1). The writ process is governed by the law of the state where the
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presiding court is located. Id.
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In California, once a court has entered a money judgment, the court clerk must issue a writ of
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execution upon application of the judgment creditor. See Cal. Civ. Proc. Code § 699.510(a). In
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most cases, the issuance of the writ is a ministerial act which the clerk has no discretion to refuse.
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See In re Marriage of Farner, 216 Cal. App. 3d 1370, 1376 (1989). Judicial action is only required
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if the judgment is conditional, or if there is some question regarding the value of the judgment. See
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id.
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Special rules apply when the judgment creditor seeks the forced sale of a dwelling. See AHART,
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CAL. PRAC. GUIDE: ENFORCING JUDGMENTS AND DEBTS §§ 6:756-6:810 (The Rutter Group 2013).
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Under the so-called homestead exemption, the judgment creditor must obtain a writ of execution and
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have it executed by the appropriate levying officer. See Cal. Civ. Proc. Code § 704.750(a). Only
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then may the creditor move for a court-ordered sale. Id.; see also In re Marriage of Schenck, 228
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Cal. App. 3d 1474, 1477-78 (1991). The motion for sale must be heard in the county where the
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dwelling is located. See Cal. Civ. Proc. Code § 704.750(b)(1).
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II. APPLICATION
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Plaintiffs have failed to follow the proper procedure for obtaining the court-ordered sale of a
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dwelling. Although it appears that Plaintiffs have obtained a valid writ of execution, this
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court—sitting in the Northern District of California—lacks jurisdiction over property located in
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Placer County. See Xu v. Ip, No. CV-91-01178-DLJ, 2008 WL 4534276, at *1 (N.D. Cal. Oct. 7,
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2008) (denying application for an order for the sale of real property located in Los Angeles County).
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As stated above, California Civil Procedure Code § 704.750(b)(1) requires Plaintiffs to “apply to the
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superior court of the county where the dwelling is located” for a motion for sale. See also AHART,
means that this court is not the proper venue to engage in argument about whether the homestead
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For the Northern District of California
CAL. PRAC. GUIDE: ENFORCING JUDGMENTS AND DEBTS § 6:764 (The Rutter Group 2013). This also
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UNITED STATES DISTRICT COURT
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exception applies to the real property at issue or whether its sale may be completed in light of the
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senior liens on it. See id.
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CONCLUSION
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For the foregoing reasons, the court DENIES Plaintiffs’ Application.
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IT IS SO ORDERED.
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Dated: November 8, 2013
_______________________________
LAUREL BEELER
United States Magistrate Judge
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