Skytte

DISCUSSION

I.

MOTION TO DISMISS

As a preliminary matter, we address Birthe’s motion to dismiss the appeal. In her motion, Birthe contends Christian waived his right to appeal the fees and cost award because Christian voluntarily satisfied the judgment.2 While “a waiver will be implied where there is voluntary compliance with a judgment, as when the judgment debtor satisfies the judgment by making payment to the prevailing party under its terms,” such a waiver “occurs only where the compliance was ‘. . . by way of compromise or with an agreement not to take or prosecute an appeal.’” (Lee v. Brown (1976)

2 Christian maintains he felt compelled to satisfy the judgment to

expunge Birthe’s judgment lien on real property, needed for a real estate transaction unrelated to this case. Birthe did not present evidence to the contrary. 3 18 Cal.3d. 110, 115.) Otherwise, “‘payment of a judgment must be regarded as compulsory, and therefore, as not releasing errors, nor depriving the payor of his right to appeal.’” (Reitano v. Yankwich (1951) 38 Cal.2d 1, 4.) While Birthe argues Christian’s satisfaction of the judgment was voluntary, Birthe does not offer any arguments or evidence that…