California Court of Appeal

Following a jury trial of a real estate fraud claim, plaintiffs obtained a successful judgment. Plaintiffs moved for various post judgment orders, which included enjoining defendants and their agents from selling, spending, transferring, or dissipating any of their assets. Defendants violated these post judgment orders. Motion to dismiss defendants' appeal of the underlying judgment is granted, where, based on the evidence, which included a declaration from defendant Weilert that did not deny violations of the trial court orders, the balance of equitable considerations relevant to the disentitlement doctrine favor dismissal, as it would be unjust to allow defendants the benefit of an appeal while willfully disobeying the trial court's valid orders and frustrating plaintiffs' legitimate efforts to enforce the judgment.

Appellate Information

• Decided 11/18/2014
• Published 11/18/2014

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Franson