Zamani
Zamani v. Carnes
Opinion
Opinion
Holland, J.
Appellants H. Gene Carnes, Phillip Carnes, Jennifer Carnes, Kathryn Schal-ler, and Kevin Schaller (“the Carneses”) appeal the district court’s denial of their motion to strike and/ or dismiss and- their motion for reconsideration. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
I.
In January 2000, the Carneses, who were residents of Nevada, commenced a declaratory judgment action against appel-lees, California residents Michael A. Zama-ni and Nancy Miller-Wallaee, who was then married to Mr. Zamani and known as Nancy Zamani (“the Zamanis”). The Carneses prevailed in that action and a judgment for attorney fees and costs was entered against the Zamanis, which the Carneses filed with the Santa Clara County Recorder’s Office. The Zamanis appealed but did not file a supersedeas bond, although there were some negotiations between the parties as to the proper amount of such a bond. While the declaratory judgment action was still on appeal, the Carneses began to execute on the assets of the Zamanis. In December 2002, the Za-manis requested that the Carneses provide them with the correct amount still owing on the judgment so that they could close a third-party escrow.…