California, United States of America
The following excerpt is from Richards v. Richards (In re Marriage of Marie), G057803 (Cal. App. 2020):
Section 712.010 provides, "After entry of a judgment for possession or sale of property, a writ of possession or sale shall be issued by the clerk of the court upon application of the judgment creditor and shall be directed to the levying officer in the county where the judgment is to be enforced." The trial court's November 2018 order constituted a final "judgment for possession . . . of property," supporting issuance of a writ of possession to Husband. While it is true section 712.010 refers to an unlawful detainer action by stating in the second sentence of the provision that "[t]he application shall include a declaration under penalty of perjury stating the daily rental value of the property as of the date the complaint for unlawful detainer was filed," nowhere in section 712.010 does the provision limit its applicability to unlawful detainer actions. We note Wife failed to cite to any authority, and we found none, limiting the issuance of a writ of possession to the enforcement of a judgment issued in an unlawful detainer proceeding. "'Mere suggestions of error without supporting argument or authority other than general abstract principles do not properly present grounds for appellate review.' [Citation.]" (Multani v. Witkin & Neal (2013) 215 Cal.App.4th 1428, 1457 [appellant's burden to affirmatively show error by presenting meaningful legal analysis supported by citations to authority].)
We note that in other contexts, courts have described the family law court's jurisdiction under section 290 broadly to include the power to order the sale of community property. (See In re Marriage of Schenck (1991) 228 Cal.App.3d 1474, 1484 ["The family law department also has the power to order the residence sold immediately on the open market and to divide the proceeds"]; Bonner v. Superior Court (1976) 63 Cal.App.3d 156, 167 [trial court "retained power to order a sale of the homesteaded
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