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LANG v. ROCHÉ

No. B222885.

201 Cal.App.4th 254 (2011)

133 Cal. Rptr. 3d 675

ERIK E. LANG, Plaintiff and Appellant, v. WARREN W. ROCHÉ et al., Defendants and Respondents.

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

November 29, 2011.

Attorney(s) appearing for the Case

Erik E. Lang , in pro. per., for Plaintiff and Appellant.

Warren W. Roché , in pro. per., and Elena Roché , in pro. per., for Defendants and Respondents.

OPINION

BOREN, P. J.—

Do principles of equity and fairness permit the redemption of property purchased by a judgment creditor at an invalid execution sale, though the statutory scheme characterizes execution sales as "absolute"? The answer is yes. Equitable redemption is available to those whose fundamental rights have been trampled. Citizens may not be dispossessed of their property by a "creditor" executing on a judgment that is void...

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