Lyons v. Santa Barbara County Sheriff's Office
231 Cal. App. 4th 1499
| Cal. Ct. App. | 2014Background
- Kathleen Lyons owned a condominium secured by a deed of trust; she defaulted on a $502,500 note and the property was sold at a nonjudicial trustee's sale.
- After the sale, a purchaser obtained a writ of possession in an unlawful detainer action and Lyons was evicted by the sheriff.
- Lyons filed a taxpayer action under Code of Civil Procedure § 526a naming the county sheriff's office, sheriff, county recorder, county clerk/recorder and employees, alleging recorded fraudulent foreclosure documents and wrongful execution of eviction documents.
- She sought to nullify the writ of execution, restore title, enjoin recording/maintenance of allegedly fraudulent title documents, and generally to collateral‑attack the trustee's sale and unlawful detainer judgment.
- The trial court sustained defendants’ demurrer without leave to amend, ruling the recorder and sheriff had ministerial duties and were not liable for recording documents or executing court writs; the court dismissed the complaint.
- The Court of Appeal affirmed, holding Lyons’ § 526a suit improperly collaterally attacked a lawful foreclosure/unlawful detainer process and that recorder/sheriff action was ministerial or immune; appeal deemed frivolous but sanctions were declined.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a taxpayer action under CCP § 526a may challenge the trustee's sale and unlawful detainer judgment | Lyons argued § 526a authorizes suit to enjoin recording/maintenance of allegedly fraudulent foreclosure documents and to set aside the sale and eviction | Defendants argued § 526a cannot be used to collaterally attack a properly conducted foreclosure or judicial orders | Court: § 526a unavailable to collaterally attack trustee's sale/unlawful detainer; taxpayer suit fails |
| Whether county recorder had duty to investigate or refuse recordation of allegedly fraudulent foreclosure documents | Lyons argued recorder should not have recorded allegedly fraudulent documents and bears liability | Recorder argued statutory duty to record instruments presented and no duty to adjudicate legal sufficiency or investigate fraud | Court: Recorder's duty to accept instruments is ministerial under Gov. Code § 27201; no duty to investigate fraud |
| Whether sheriff may refuse to execute writ of possession or is liable for carrying out eviction | Lyons argued sheriff wrongfully issued/executed eviction documents | Sheriff argued writs and orders regular on their face must be executed and levying officer is statutorily required and immune | Court: Sheriff must execute court writs; statutory immunity for executing process regular on its face; no liability |
| Whether nonjudicial foreclosure and related recorder/sheriff acts constitute state action subject to constitutional due process | Lyons contended Civil Code § 2924 violates due process/equal protection/takings because of nonjudicial foreclosures and subsequent evictions | Defendants argued nonjudicial foreclosure is private contractual action, and statutory regulation does not convert it into state action | Court: Nonjudicial foreclosure is not state action; constitutional due process challenges fail |
Key Cases Cited
- Blank v. Kirwan, 39 Cal.3d 311 (California 1985) (demurrer admits well‑pleaded facts but not conclusions)
- Van Atta v. Scott, 27 Cal.3d 424 (California 1980) (scope of taxpayer suits under CCP § 526a)
- Smith v. Allen, 68 Cal.2d 93 (California 1968) (properly conducted foreclosure is final adjudication of borrower/lender rights)
- Garfinkle v. Superior Court, 21 Cal.3d 268 (California 1978) (power of sale arises from contract; trustee's sale and recorder's ministerial role are not state action)
- I.E. Assocs. v. Safeco Title Ins. Co., 39 Cal.3d 281 (California 1985) (nonjudicial foreclosure not state action for constitutional purposes)
- Jackson v. County of Amador, 186 Cal.App.4th 514 (California Ct. App. 2010) (recorder not liable for recording allegedly fraudulent instruments; ministerial duty)