Keene v. Edie

935 P.2d 588 (1997)

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Nature of the Case

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Facts

Keene (P) sued Edie (D1) and his spouse (D2) alleging that Edie had molested her when she was a child and that his spouse had negligently permitted the molestation. P obtained a prejudgment writ of attachment against community property owned by Ds. D2 brought several motions to quash the writ of attachment, but each was denied. Before trial, the court granted D2's motion to dismiss the complaint against her. Prior to the conclusion of the trial, D2 divorced D1 and D1 executed a quitclaim deed in favor of D2. The jury found for P and entered a judgment against D1 for $313,000. On the day of judgment, D2 recorded a declaration of homestead on the real property described in the writ. D2 then sought to have the attachment released. P then attempted to execute against the writ and D2 was unsuccessful in her efforts to quash the sheriff's sale. P bid $133,000 on her judgment and obtained an undivided 1/2 interest in the property. The sale was confirmed by the superior court. D2 appealed the confirmation of the sale. The Court of Appeals reversed; there was no right to execute the judgment against community real property. The Warren case was almost identical to Keene's.