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Judgments

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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

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

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