Judgments

Judgment may not be entered against someone who has not been made a party to the suit even if that person funded the litigation.  See Moore v. Kaufman (2010) 189 Cal.App.4th 604. Read More

The first trial of this case resulted in a jury verdict for defendant on all seven of plaintiff's claims.  The trial court granted plaintiff a new trial on three of her claims.  The second trial resulted in a verdict for plaintiff on all three of those claims.  This decision holds that the jury verdicts on the four claims that were… Read More

Under CCP 708.410, a judgment creditor may obtain a lien on the judgment debtor's right to obtain any money under a judgment, order or decree in any other action in which the judgment debtor is a party.  This decision holds that the lien under sectin 708.410 attaches to money owed the judgment debtor under an order requiring the other party… Read More

Ordinarily, a judgment dismissing a case on the ground that the court lacks subject matter jurisdiction over is not a judgment on the merits and does not operate as res judicata.  However, in the unique context of the Federal Tort Claims Act, the court has subject matter jurisdiction only if the complaint plausibly alleges all six elements of an FTCA… Read More

While a trial court has broad discretion to appoint a receiver for property or a business owned by a judgment debtor, as a means of enforcing a judgment (CCP 708.620), a receiver is a harsh, expensive remedy that should be employed only based on evidence that the judgment debtors have obfuscated or frustrated the creditor’s collection efforts and that less… Read More

A plaintiff alleging an accounting action must plead a specific dollar amount to support a default judgment awarding monetary relief.  The complaint can plead an estimated amount of damage and can err on the high side.  The decision does not resolve how the maximum default recovery is to be calculated if the complaint's prayer does not distinctly request award of… Read More

To amend a judgment to name an alter ego, the plaintiff must show that the alter ego controled the litigation and were virtually represented in that proceeding, that there is a unity of interest and ownership such that the separate personalities of entities and owners no longer exists, and that an inequitable result would result if the entity's separate existence… Read More

An order amending judgment to name an alter ego is reviewed for abuse of discretion.  Relentless Air Racing, LLC v. Airborne Turbine Ltd. Partnership (2013) 222 Cal.App.4th 811, 815. Read More

This decision reverses the trial court's denial of defendant's motion to set aside a default judgment and the underlying default under CCP 473.5 and for extrinsic mistake or fraud.  Plaintiff lent to defendant's CEO, who without authority pledged defendant's assets as collateral for the loan, which he invested in a Ghanaian scam.  Plaintiff filed suit against the CEO and defendant,… Read More

Plaintiff was injured while working on a rescue boat owned by defendant.  Plaintiff did not file a timely government claim within 6 months of his injury, but did file a timely application for permission to present a late claim, within one year of the injury.  Defendant's response to the application stated that it had denied plaintiff's claim, not his application,… Read More

To qualify as a notice of entry of judgment under Code of Civil Procedure section 664.5, the clerk’s mailed notice must affirmatively state that it was given ‘upon order by the court’ or ‘under section 664.5,’ and a certificate of mailing the notice must be executed and placed in the file.” (Van Beurden Ins. Services, Inc. v. Customized Worldwide Weather… Read More

Under the FRCivP 58(e), a judgment is final and appealable when entered, even though the district court retains jurisdiction to rule on a motion to tax costs or award attorney fees, unless the district court orders that the judgment is not final until the motion is ruled upon.  A notice of appeal filed within 30 days of entry of the… Read More

Under CCP 664.6, the court may, if the section's conditions are met, enter judgment enforcing the parties' settlement.  However, that judgment must state all terms of the settlement agreement that have not yet been fully performed.  The judgment can do nothing else.  If the settlement reserves jurisdiction in the court to enforce the settlement, the court may, after entering judgment… Read More

Plaintiff, whose lawsuit was dismissed after defendant’s demurrer to the complaint was sustained without leave to amend because no opposition was filed, was entitled to mandatory relief from judgment after his attorney admitted fault in the form of ignorance of Code of Civil Procedure’s deadlines for filing an amended complaint. Read More

The creditor of a father could not sue son to collect supposedly fraudulent transfer of money in the form of tuition payments that father made to cover son’s university education. Read More

A court may not enter judgment by default in an amount that exceeds the amount demanded in the complaint, and the fact that defendant is given actual notice of the damages plaintiff seeks by some means other than the complaint (such as, here, during a settlement conference) is irrelevant.  Read More

An abstract of judgment filed after the judgment debtor's death does not create a lien on estate property, nor is a criminal restitution judgment creditor entitled to priority of payment from the judgment debtor’s estate. Read More

A judgment holder seeking to take advantage of the exception to the general immunity granted by the Foreign Sovereign Immunities Act (FSIA) must identify a basis under one of § 1610's express immunity-abrogating provisions to attach and execute against a relevant property. Read More

A third party’s payment to a plaintiff in the same amount of a judgment, but for something collaterally related to the judgment, does not constitute a satisfaction of the judgment. Read More

By providing for entry of a stipulated $300,000 judgment if defendant failed to pay $75,000 as agreed, a settlement agreement exacted a penalty, so the $300,000 judgment was void. Read More