California Appellate Tracker

Lee v. Rich

December 9, 2016

An execution sale following a judgment is absolute and cannot be set aside for any reason, not even on grounds of extrinsic fraud.

Under the Enforcement of Judgments Law, an execution sale is absolute and cannot be set aside for any reason. (CCP 701.680(b).) Thus, even though the judgment debtor obtained an order setting aside the judgment on the ground of extrinsic fraud (non-service of the complaint), the judgment debtor could not set aside the execution sale. Also, unlike Lang v. Roche (2011) 201 Cal.App.4th 254, the judgment debtor here could not state a claim for equitable redemption against the buyer at the execution sale because the buyer was not the judgment creditor but rather an unaffiliated third party that was not guilty of any wrongdoing, but had simply bought in at the execution sale.

California Court of Appeal, Fourth District, Division 3 (Fybel, J.; Thompson, J., dissenting); November 30, 2016; 2016 WL 6995300

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