Beach Break Equities, LLC v. Lowell

Upon reversal on appeal, the appellant is entitled, in the trial court’s discretion, to restitution of amounts paid or other value lost under the reversed judgment, and may seek this restitution via motion without any need for a separate cross-complaint.  Upon reversal on appeal, the appellant is entitled, in the trial court’s discretion, to restitution of amounts paid or other value lost under the reversed judgment.  (CCP 908.)  Contrary to the trial court’s holding here, it is not necessary for the appellant to file a cross-complaint for restitution.  He may seek restitution by motion in the trial court after the remittitur is issued.  Also, the plaintiff cannot defeat the defendant/appellant’s right to restitution by voluntarily dismissing the action after the judgment is reversed and before the restitution motion is heard.

California Court of Appeal, Fourth District, Division 1 (Prager, J., sitting by assignment); November 22, 2016 (published December 14, 2016); 6 Cal. App. 5th 847

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