Orr v. Byers

198 Cal. App. 3d 666, 244 Cal. Rptr. 13 (1988)

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Nature of the Case

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Facts

In 1978, judgment was obtained by Orr (P) against William Elliott (D) for monies in excess of $50,000. P’s attorney prepared a written judgment but spelled D's name wrong both in the judgment and in the abstract that was eventually filed (Elliot /Eliot). An abstract of judgment was recorded under both of the improper names. Thereafter, D obtained title to property, which became subject to P's judgment lien. D sold the property to Byers (D1) in 1979. The title search did not show P's abstract of judgment, so judgment was not satisfied from the sale proceeds of the Elliott-Byers sale. P filed an action against D and D1 and Pomona First Federal Savings Bank seeking a declaration of rights and duties and a judicial foreclosure of his judgment lien. P claimed that the misspelled name was constructive notice, and should have been included in the search and that Ds has constructive notice of the judgment under idem sonans. The trial judge acknowledged the doctrine but held that it did not apply herein. The trial court ruled for Ds. P appealed.