Thursday, December 11, 2014

No Appeal for You!

Gwartz v. Weilert, No. F066581 (D5 Nov. 18, 2014)

After plaintiff obtained a money judgment on a real estate fraud claim, the trial court entered various post-trial orders preventing defendants from dissipating or concealing their assets. Defendants proceeded to violate these orders forty-seven different times by engaging in various transfers of assets and money to related entities. In a rare application of the disentitlement doctrine, the court of appeal dismisses defendants’ merits appeal of the fraud judgment due to defendants’ willful disobedience of of the trial court’s orders.

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