Wade

Wade v. Schrader

Good Law
168 Cal. App. 4th 1039·2008 Cal. App. LEXIS 2362·85 Cal. Rptr. 3d 865
Court of Appeal of CaliforniaNovember 26, 2008H032012California3,321 words

Opinion

Opinion

Premo, J.

Plaintiff Thomas Wade sued defendants Donald and Jean Schrader (Schraders) and others, claiming that defendants had wrongfully deprived Wade of his stock in Enterprise Broadcasting Corporation (EBC). Wade settled his claims against several defendants and those settlements were judicially determined to have been in good faith. (Code Civ. Proc., §§ 877, 877.6.) Wade’s claims against the Schraders were resolved through binding arbitration. Although the arbitrator ruled in Wade’s favor, the amount of the award was less than the total Wade had received from the settling codefendants.

After the arbitrator’s award was reduced to judgment, the Schraders moved in the superior court for an order compelling satisfaction of the judgment. The Schraders maintained that the proceeds from Wade’s prearbitration settlements completely offset the judgment against them. The superior court granted the motion, in part. Wade appeals. Wade argues that the order impermissibly modifies the arbitration award. We conclude that the order was an appropriate exercise of the superior court’s discretion in enforcing a money judgment. Accordingly, we shall affirm.

I. Factual and Procedural…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.