Markowitz v. Markowitz
In this action for declaratory relief, a court trial resulted in a judgment in favor of Donald J. Markowitz (Donald) and against Debra W. Markowitz (Debra), (formerly husband and wife). Donald and Debra were plaintiffs and cross-defendants in two consolidated lawsuits against Mordechai and Monica Kachlon, which resulted in a money judgment being entered in favor of Donald and Debra, though they received separate awards, in different amounts. Shortly after judgment was entered, Debra recorded an abstract of judgment, thereby creating a judgment lien on the Kachlons real property; Donald later recorded abstracts of judgment (one against each of the Kachlons), thereby also creating a judgment lien on the Kachlons real property. Donald then filed the present action for declaratory relief, by which he sought and obtained a judicial declaration that his judgment lien had equal priority with Debras based upon Code of Civil Procedure section 697.020, subdivision (b), which provides that a judgment lien recorded on the same property under the same judgment relates back to the date [an] earlier lien was created.
Debra argues on appeal, as she did in the trial court, that the underlying consolidated lawsuit resulted in separate judgments, and that therefore Code of Civil Procedure section 697.020, subdivision (b) does not apply. Thus, because her lien was recorded first, it has priority over Donalds. Court conclude that there was a single judgment, and that the plain meaning of the statute compels the result reached by the trial court. Court therefore affirm the judgment.
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