Singh v. Lipworth
Appellant and judgment creditor Stephen Lipworth tried to enforce a judgment against respondent Raj Singh by obtaining a court order for the sale of a residence owned by respondent Singh. To fend off a judicial finding that he owned the residence, respondent in propria persona played an identity shell game, asserting that one Kaus Singh, who never appeared in court and for whose existence respondent produced no credible evidence, was the true owner. After the trial court determined that Kaus Singh was merely respondents alias, appellant obtained the court order he sought.
We cannot simply reinstate the property-sale order, however. The family courts award of the property to Karen Singh, even if it resulted from a fraud on that court, has made her an indispensable party to this litigation. She has never been named as a party, and neither appellant nor respondent can represent her interests. Therefore, Court remand with directions that appellant join her as a party, unless the court determines that she is not subject to joinder. (Code Civ. Proc., 389 (section 389).)
Comments on Singh v. Lipworth