Salaman

Salaman v. Bolt

Good Law
141 Cal. Rptr. 841·1977 Cal. App. LEXIS 1975·74 Cal. App. 2d 907·74 Cal. App. 3d 907
Court of Appeal of CaliforniaNovember 10, 1977Civ. 39468California3,657 words

Opinion

Opinion

Broussard, J.

—This appeal is taken on the judgment roll from a judgment of the Superior Court of San Mateo County impressing and giving priority to a lien upon a judgment pursuant to section 688.1 of the Code of Civil Procedure and denying appellants’ motion to offset their judgment against the liened judgment. Appellants make several contentions: (1) that the trial court improperly impressed the lien upon the judgment without relitigating respondent’s entitlement thereto following a reversal on an earlier appeal of an order of the trial court denying the lien; (2) that the court improperly found that appellants were not due rent for the period prior to and during the receivership of the leased premises; and (3) that the trial court erroneously gave priority to the lien upon the judgment and denied appellants’ claim of equitable offset. This latter contention presents a question of first impression in this state.

Preliminarily, we deny the motion to dismiss this appeal as frivolous. We have concluded that appellants’ first and second contentions are without merit. As to the third contention, we have concluded that the trial court erred in giving priority to the lien upon the judgment…

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