Hart v. Darwish

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.  The trial court properly took judicial notice of an earlier court’s ruling on a motion for judgment under CCP 631.8 and the earlier court’s stated reasons…

Sutter Health v. Eden Township Healthcare Dist.

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.”  Under Gov. Code 970.6, a local governmental entity may apply…

Lee v. Rich

An execution sale following a judgment is absolute and cannot be set aside for any reason, not even on grounds of extrinsic fraud.  Under the Enforcement of Judgments Law, an execution sale is absolute and cannot be set aside for any reason.  (CCP 701.680(b).)  Thus, even though the judgment debtor obtained an order setting aside…

Gee v. Greyhound Lines, Inc.

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.  An initial motion for relief from default under CCP 473(b)’s mandatory provision for attorney fault is not a…

Wolf Metals, Inc. v. Rand Pacific Sales, Inc.

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.  Under…

Rouser v. White

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.  Defendants (state prison officials) moved to vacate a consent judgment entered in favor of plaintiff, a…

O’Brien v. AMBS Diagnostics, LLC

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.  Under CCP 704.115, all amounts held, controlled, or in the process of distribution by a private retirement plan are…