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DIEDEN v. SCHMIDT

No. A096499, A096505.

128 Cal.Rptr.2d 365 (2002)

104 Cal.App.4th 645

Conchita DIEDEN, Plaintiff, Cross-Defendant and Respondent, v. Stanley SCHMIDT, Defendant, Cross-Complainant and Appellant. Stanley Schmidt, Cross-Complainant and Appellant, v. First Nationwide Mortgage Corporation, Plaintiffs, Cross-Defendant and Respondent.

Court of Appeals of California, First District, Division Four.

Rehearing Denied January 9, 2003.

Review Denied March 19, 2003.

Attorney(s) appearing for the Case

Robert B. Jacobs, Law Offices of Robert B. Jacobs, Pleasanton, CA, for Appellant Stanley Schmidt.

Harold M. Jaffe, Oakland, CA, for Respondent Conchita Dieden.

Eric M. Schiffer, Stuart B. Wolfe, Long Beach, Wolfe & Wyman LLP, Irvine, CA, for Respondent First Nationwide Mortgage Corporation.

SEPULVEDA, J.

The primary issue raised by this appeal is whether a judgment hen on a real property interest held by a tenant in common survives both a change in title to joint tenancy and the death of the debtor joint tenant. We hold that it does, and reverse the judgment and an order denying the judgment creditor his attorney fees.

I.

BACKGROUND

In 1981, Benjamin and Conchita Dieden sued...

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