Stoltenberg

Stoltenberg v. Ampton Investments

Good Law
Court of Appeal of CaliforniaMay 6, 2013B235731NCalifornia3,756 words

Opinion

Opinion

INTRODUCTION

Defendants, an individual and a corporation, appealed from a California judgment in favor of plaintiffs, but did not post a bond to stay enforcement of the judgment. Plaintiffs, after registering the judgment in New York where defendants are located, attempted to enforce the registered sister-state judgment there by serving a subpoena seeking financial information from the corporate defendant. Defendants did not comply with the subpoena or with a New York trial court order compelling them to respond to it. As a result, the New York trial court held defendants in contempt. In dismissing defendants‟ appeal under the disentitlement doctrine, we hold that the doctrine applies to noncompliance with and contempt of New York trial court orders, which noncompliance and contempt directly affect and frustrate the enforcement of a California judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Following a jury trial, the trial court entered a judgment on the verdict in favor of plaintiffs and respondents,1 awarding them a total of $8,516,704 in compensatory damages, plus costs.2 Defendants Ampton Investments, Inc. and Laurence Strenger3 (defendants) filed a timely notice of appeal…

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