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setoff under CCP 431.70

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Karton v. Musick, No. B305837, 2022 Cal. App. LEXIS 834 (Ct. App. Oct. 3, 2022

A setoff under CCP 431.70 must be asserted as an affirmative defense in the answer to a complaint.  A party may not assert a setoff under that section in a post-judgment motion.  A judgment debtor may not use a non-statutory post-judgment motion as a means of obtaining an offset against the judgment based on disputed claims. Read More