Has your client decided to enforce the judgment before the appeal is over? Beware, says collection attorney Joseph Chora—after losing an appeal, a judgment creditor is liable in restitution. (The plaintiff in Dr. Leevil LLC v. Westlake Health Care Ctr. was liable for $5.7 million, as written up here: https://lnkd.in/geJWrrin.)
But on the flipside, judgment creditors should be on the lookout for grounds to file a disentitlement motion, which are supported when the appellant refuses to comply with court orders—including judgment enforcement discovery.
(This video clip is from episode 46 of the California Appellate Law Podcast. Listen to the full episode here: https://lnkd.in/gq_9_u35.)
Watch the clip here.
This is a clip from episode 46 of the California Appellate Law Podcast. Listen to the full episode here.
Tim Kowal helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at www.CALPodcast.com, and publishes a newsletter of appellate tips for trial attorneys at www.tvalaw.com/articles. His appellate practice covers all of California's appellate districts and throughout the Ninth Circuit, with appellate attorneys in offices in Orange County and Monterey County. Contact Tim at firstname.lastname@example.org or (714) 641-1232.