Race-Notice Gave Victory To The Interlocutory Judgment Recordation.
In The 12 Tribes of Israel, U.S.A., Inc. v. Barnum, Case No. B315528 (2d Dist., Div. 5 May 4, 2023) (unpublished), the nub of the appeal came down to a race-notice issue. Did an earlier interlocutory judgment containing monetary and constructive relief beat out a subsequent deed of trust recorded by attorneys attempting to secure fees? The answer was that the interlocutory judgment was prior in time. The opposition argued that there needed to be an abstract of judgment recorded (which was done, but after the deeds of trust). However, the recordation of the interlocutory judgment was senior to the deeds of trust.