Barrow v. Holmes
The court held that a judgment creditor who has recorded a valid abstract of judgment and timely renewed the judgment may enforce the lien under Probate Code § 9391 without first filing a creditor claim in the decedent's estate, and therefore the trial court did not err in refusing to vacate the judgment or its renewal.
Date Filed: August 13, 2025
Case Name: Barrow v. Holmes
Case Number: A169131
Court: California Court of Appeal, First Appellate District, Division One
The court decides that a judgment creditor’s failure to file a creditor claim in a decedent’s probate proceeding does not bar enforcement of a judgment lien that was already recorded before the debtor’s death. Accordingly, the appellate court affirms the trial court’s denial of the motion to vacate the judgment (and its renewal), holding that Barrow may still pursue foreclosure of the lien despite the probate omission. This ruling clarifies that, under California law, a pre‑death judgment lien remains enforceable without a probate claim, limiting the protective effect of probate filing requirements for judgment creditors.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.