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LEE v. BACA

No. B128410.

86 Cal.Rptr.2d 913 (1999)

73 Cal.App.4th 1116

Ben LEE et al., Plaintiffs and Appellants, v. Lee BACA, as Sheriff, etc., Defendant and Respondent.

Court of Appeals of California, Second District, Division One.

Review Denied October 20, 1999.

Attorney(s) appearing for the Case

California Apartment Law Information Foundation, Trevor A. Grimm, Los Angeles, and Craig Mordoh, Santa Monica, for Plaintiffs and Appellants.

Nelson & Fulton, Henry Patrick Nelson, Los Angeles, and Amber A. Logan, for Defendant and Respondent.

MIRIAM A. VOGEL, J.

A residential tenant defaults. The landlord obtains an unlawful detainer judgment and a writ of possession of real property. Before the sheriff executes the writ, the tenant files a bankruptcy petition. The question in this case is whether the landlord is required to apply to the bankruptcy court for relief from the automatic stay (11 U.S.C. § 362(a)) or whether the pre-bankruptcy judgment has extinguished whatever legal or equitable interest...

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