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IN RE DI GIORGIO

Bankruptcy No. CV 95-6074 WJR. No. LA 95-15503-CA. Adv. No. AD 95-1737-CA.

200 B.R. 664 (1996)

In re Fred DI GIORGIO and Irene Di Giorgio, Debtors. Fred DI GIORGIO and Irene Di Giorgio, Plaintiffs, v. Josephine LEE, an Individual, The County of Los Angeles Sheriff's Department, Court Services Division, and Sherman Block, Sheriff, Defendants.

United States District Court, C.D. California.

September 6, 1996.

Attorney(s) appearing for the Case

Anthony Serritella, Serritella & Paquette, Los Angeles, CA, for defendants-appellants County of Los Angeles Sheriff's Department and Sheriff Sherman Block.

Trevor A. Grimm, Kaplanis & Grimm, Los Angeles, CA, for defendant-appellant Josephine Lee.

Steven M. Spector (argued), Rodger M. Landau, McDermott, Will & Emery, Los Angeles, CA, for plaintiffs-appellees Fred Di Giorgio and Irene Di Giorgio.

Craig Mordoh, Los Angeles, CA, for amici curiae Apartment Association of Greater Los Angeles, Inc. dba Apartment Association of Greater Los Angeles, the Apartment Association of San Fernando Valley/Ventura, the Apartment Association of California Southern Cities, the Minority Owners Association and the Foothill Apartment Association (collectively referred to as "CALIF").

Daniel Lundgren, Attorney General, Floyd D. Shimomura, Senior Assistant Attorney General, Linda A. Cabatic, Supervising Deputy Attorney General, and Irene K. Tamura, Deputy Attorney General, Sacramento, CA, for amicus curiae Daniel Lungren, Attorney General of California.

OPINION

REA, District Judge.

Defendants appeal the bankruptcy court's permanent injunction against the enforcement of California Code of Civil Procedure § 715.050, which allows execution of a valid writ of possession in an unlawful detainer case despite the filing of a post-judgment bankruptcy petition by the tenant. After having reviewed the papers submitted in support of and in opposition to the foregoing appeal, the file in this case, and the applicable...

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