Judgments

Denial of a motion for judgment under CCP 631.8 is a sufficient ruling on the merits to invoke the interim adverse judgment rule, precluding a later malicious prosecution claim.  Read More

Trial court did not abuse its discretion by allowing a local governmental entity to pay a $17 million judgment against it in up to 10 annual installments, since the entity presented evidence that paying the judgment in a lump sum would constitute an "unreasonable hardship."  Read More

An execution sale following a judgment is absolute and cannot be set aside for any reason, not even on grounds of extrinsic fraud.  Read More

An initial motion for relief from default due to attorney fault is not considered a motion for reconsideration, so it need not show new law or facts which are ordinarily needed to support a motion for reconsideration.  Read More

A successor corporation that carries on a judgment debtor's business under a new business name may be added as a judgment debtor to a default judgment without proof that it controlled the litigation, but individuals may not be so added unless they are the corporation’s alter ego and had control over the original litigation.  Read More

Order vacating consent judgment based on defendants’ substantial compliance is reversed because the record was insufficient to establish defendants’ compliance with all of terms of the judgment entered in favor of plaintiff, a prisoner who followed the Wiccan religion.  Read More

Though exempt from federal income tax under 26 USC 529, an education or tuition trust is not designed or used for retirement purposes and so is not exempt from execution on a judgment under CCP 704.115.  Read More