Cole

Cole v. BT & G, INC.

Good Law
141 Cal. App. 3d 995·190 Cal. Rptr. 690·1983 Cal. App. LEXIS 1598
Court of Appeal of CaliforniaApril 18, 1983Civ. 67088California1,597 words

Opinion

Opinion

Woods, J.

Defendants appeal from an order denying their motion for award of attorney’s fees after judgment. We reverse.

In March 1980, plaintiffs and defendants entered into a contract for the sale of stock. The contract was supported by a promissory note for approximately $462,000, a guarantee and a confession of judgment. In October 1980, defendants having defaulted on the promissory note, the confession of judgment was filed in the superior court. Judgment was entered thereon, and a writ of execution was obtained against defendants.

When plaintiffs attempted to levy against defendants’ assets, defendants obtained a temporary restraining order and moved to vacate the judgment and to recall and quash the writs of execution. After a hearing, defendants’ motion was granted, with the following order: “The Court grants the motion of each defendant to vacate judgment, quash writ of execution and recall levy, [f] The Court finds that the confession of judgment, when signed, did not comply with the provisions of CCP 1133, per Isbell v. County of Sonoma 21 Cal.3d 61 , . . . [f] The Court rejects plaintiff’s [nc] argument that the sum of money due was ‘understood’ or ‘could be…

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