Conrad

Petitioner successfully moved to have a default judgment against him set aside. Real parties appealed that ruling. Petitioner moved the respondent court to have returned to him certain property which was the subject of the judgment. The respondent court denied the motion, stating that it had no jurisdiction over the matter because real parties had filed a notice of appeal. In our opinion filed September 25, 1987, we held that the court had jurisdiction to entertain the motion, and suggested that it would be appropriate for the court to set bond in this case.

The Supreme Court granted real parties’ petition for review and transferred the case to us for reconsideration in light of Bulmash v. Davis (1979) 24 Cal.3d 691, 697 [ 157 Cal.Rptr. 66 , 597 P.2d 469 ], and Estate of Crozier (1884) 65 Cal. 332, 333 [ 4 P. 109 ]. We conclude that those cases compel a modification of our opinion but no change in our ruling.

Facts

Benton and Marjorie Allen, both psychologists, owned the Pomona Valley Psychological Center (the Center). They sold the Center to petitioner Dr. Rex Conrad pursuant to an agreement which provided, among other things, that the Allens could continue to treat…