Rettner

Rettner v. Shepherd

Good Law
1991 Cal. App. LEXIS 723·231 Cal. App. 3d 943·282 Cal. Rptr. 687·91 Daily Journal DAR 7787·91 Cal. Daily Op. Serv. 5028
Court of Appeal of CaliforniaJune 26, 1991H004926California4,300 words

Opinion

Opinion

Cottle, J.

Defendants appeal, inter alia, from a postjudgment order establishing the sum owing on an existing judgment as $258,990.47. They claim the judgment has been satisfied in full and, in any event, plaintiff is barred by the one form of action rule (Code Civ. Proc., §§ 725a, 726) and the antideficiency statutes (§§ 580a, 580d) from further collection efforts. We agree. Accordingly, we shall reverse the court’s postjudgment orders.

Facts

All legal proceedings in this case, with the exception of a bankruptcy action discussed post, took place in Santa Clara County Superior Court number 385637. Plaintiff Bert Rettner obtained a judgment in that action in 1979 against defendant Frank Shepherd. The amount of the judgment was $366,118.53. When Shepherd appealed, his brother William filed a surety undertaking.

On June 22, 1983, the First District Court of Appeal filed its opinion in this action affirming Refiner’s judgment. Six weeks later, Frank and William transferred certain property they owned on Saratoga Avenue in San Jose to a newly formed corporation (Shasta) “in return for the issuance of stock and securities to them in equal shares and number of shares.” The August 8,…

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