How have courts dealt with the enforcement mechanism of a special lien on a property?

California, United States of America


The following excerpt is from Behniwal v. Mix, 147 Cal.App.4th 621, 54 Cal.Rptr.3d 427 (Cal. App. 2007):

We thus deal mainly in this appeal not with the right to compensation or the attorney fee award as such. Rather, we deal with the enforcement mechanism of that right. In effect, by providing for a direct offset against purchase price, the trial court converted what would be, at best, the basis for a judgment lien against all the sellers' property into a pre-existing special lien with super-priority over all other liens on this particular property. (See Isaac v. City of Los Angeles (1998) 66 Cal.App.4th 586, 77 Cal.Rptr.2d 752 [municipality could not validly give its liens for unpaid utility bills priority over all other liens, including tax liens].)

Other Questions


How have the courts dealt with the use of chains and stun belts in court? (California, United States of America)
How has the Court of Appeal dealt with a motion to reverse a judgment in the Superior Court of Justice? (California, United States of America)
How have courts dealt with the issue of good faith showing in a motion where a witness has absconded from court? (California, United States of America)
How has the case been dealt with in juvenile court and criminal court? (California, United States of America)
How have courts dealt with errors and misconduct committed by the trial court and the prosecutor? (California, United States of America)
How have courts dealt with the collection of taxes on property exempt from taxation? (California, United States of America)
How has the Court of Appeal in Ontario dealt with appellant's claim that he was prejudiced by the error-strewn trial court? (California, United States of America)
How have the courts treated the defense's request for a special instruction against "double counting" the crimes and the special circumstances? (California, United States of America)
How have the courts dealt with an appeal from a judgment in a stolen property and identity theft case? (California, United States of America)
How have courts dealt with the issue of an adopted child's claim for equal share of a deceased's property? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.