California Appellate Tracker

Estate of Casserley

May 24, 2018

An abstract of judgment filed after the judgment debtor's death does not create a lien on estate property, nor is a criminal restitution judgment creditor entitled to priority of payment from the judgment debtor’s estate.

Under CCP 686.020, the filing of an abstract of judgment after the judgment debtor’s death does not create a lien on estate property. Also, Cal. Const., art. I, sec. 28(b)(13) which gives a criminal restitution judgment priority over all funds “collected” from the person ordered to make restitution applies only to sums that the state or its representatives collect from the criminal defendant, not to funds in the criminal defendant’s probate estate, even when the defendant dies intestate and his estate is administered by a public administrator.

California Court of Appeal, Fourth District, Division 1 (Haller, J); April 27, 2018; 2018 Cal. App. LEXIS 374

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