Motion: Compel Acknowledgment of Satisfaction of Judgment. Moving Party Defendant Douglas Mahaffey. Responding Party Judgment Creditor Berger Kahn. Opposition filed.
Ruling: Defendant Mahaffey’s Motion to Compel Acknowledgment of Satisfaction of Judgment is DENIED. The Request for Sanctions and Attorney Fees is DENIED. The Request for refund of payments made is DENIED. Based upon CCP 666, the court extinguishes the sanction award for $6,963.00 payable to Plaintiffs Petrik. Defendant Mahaffey’s Judgment against Plaintiffs Petrik is reduced by the amount of these sanctions. In this case, there were two separate sanction awards. The first was for $35,000 payable to Berger Khan. The second was for $6,963.00 payable to Plaintiffs Petrik. These sanctions must be viewed independently. One Final Judgment: Defendant Mahaffey’s argument concerning the one final judgment rule is inapplicable. This doctrine relates to appeals not satisfaction of judgments. “A final judgment terminates the litigati
Hearing Date
December 04, 2017
For full print and download access, please subscribe at https://www.trellis.law/.
Motion: Compel Acknowledgment of Satisfaction of Judgment. Moving Party Defendant Douglas Mahaffey. Responding Party Judgment Creditor Berger Kahn. Opposition filed.
Ruling: Defendant Mahaffey’s Motion to Compel Acknowledgment of Satisfaction of Judgment is DENIED. The Request for Sanctions and Attorney Fees is DENIED. The Request for refund of payments made is DENIED. Based upon CCP 666, the court extinguishes the sanction award for $6,963.00 payable to Plaintiffs Petrik. Defendant Mahaffey’s Judgment against Plaintiffs Petrik is reduced by the amount of these sanctions. In this case, there were two separate sanction awards. The first was for $35,000 payable to Berger Khan. The second was for $6,963.00 payable to Plaintiffs Petrik. These sanctions must be viewed independently. One Final Judgment: Defendant Mahaffey’s argument concerning the one final judgment rule is inapplicable. This doctrine relates to appeals not satisfaction of judgments. “A final judgment terminates the litigati