Heritage Custom Estates v. Hermsen CA4/1
Heritage Custom Estates Association (Heritage) obtained a judgment against Kevin Tucker for unpaid homeowner's dues and assessments, and the Sheriff of San Diego County (the Sheriff) seized personal property from a residence owned by Tucker to satisfy the judgment. David Hermsen was leasing the residence from Tucker at the time and filed a third party claim to right of possession of the seized property. In response, Heritage filed a petition to determine the validity of Hermsen's third party claim.
The trial court dismissed Heritage's petition because a hearing was not held within the statutory period set forth in Code of Civil Procedure section 720.310, subdivision (c), and ordered that the property be returned to Hermsen. Heritage filed notice of its intent to appeal the order denying its petition and asked the trial court to stay the order releasing the property to Hermsen pending the appeal.
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