Cole
Cole v. BT & G, INC.
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…