Salter
Salter v. Lombardi
Opinion
Lead Opinion
Bishop, J.
This is an appeal by defendant Lewis from an order requiring the clerk of the superior court (Los Angeles) to enter only partial satisfaction of a judgment outstanding against appellant and other defendants, based on their joint tort. Appellant sought to have full satisfaction entered, contending that the judgment had been completely satisfied by the act of his co-defendants’ counsel in buying up the judgment at its face value. Under the circumstances of this ease we are of the opinion that the trial court’s order denying full satisfaction should be affirmed.
With appellant’s basic premise we are agreed, that the judgment is one against joint tort-feasors. His motion for full satisfaction was made in part upon the record and files of the action. This lays before us the findings of fact upon which the judgment was founded, where it is finally adjudicated, so far as this case is concerned, that “defendants by themselves, their agents, employees and servants” acted so negligently that plaintiff had judgment. In the face of this finding, plaintiff’s successor in interest may not be heard to say that the tort was solely that of defendant Lewis, and that Lewis’ co-defendants were…