Margott

Margott v. Gem Properties, Inc.

Good Law
111 Cal. Rptr. 1·1973 Cal. App. LEXIS 854·34 Cal. App. 3d 849
Court of Appeal of CaliforniaOctober 29, 1973Civ. 41383California2,217 words

Opinion

Opinion

Thompson, J.

(l)(See fn. l.) in this appeal from a judgment setting aside a sale under a deed of trust for fraud and awarding incidental, compensatory and punitive damages, appellants contend: (1) the award of compensatory damages is not supported by substantial evidence; (2) the award of punitive damages is excessive in view of the amount of compensatory damages allowed by the trial court; (3) the judgment lacks factual support because respondent failed to establish that she had tendered payment of the note secured by the deed of trust; (4) the trial court erred in denying appellants’ motion to offset against the judgment amounts owed by respondent on an unrelated judgment acquired by appellants by assignment; and (5) the trial court erred in offsetting from respondent’s judgment the unpaid balance owed to appellants by respondent on the note secured by the deed of trust.

We summarily reject appellants’ contentions of lack of substantial evidence supporting the trial court’s award of compensatory damages, excessive punitive damages, and failure of respondent to establish a tender of amounts due on the note secured by deed of trust. Appellants’ opening brief contains no summary of…

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