Harrison

Portico Management Group, LLC v. Harrison

Good Law
136 Cal. Rptr. 3d 151·2011 Cal. App. LEXIS 1642·202 Cal. App. 4th 464
Court of Appeal of CaliforniaDecember 28, 2011No. C062060California5,465 words

Opinion

Lead Opinion

Duarte, J.

Plaintiff Portico Management Group, LLC (Portico), entered into a contract to purchase an apartment building owned by the trustees of the Harrison Children’s Trust (HCT) and Harrison Family Enterprise II (HFE II), a limited partnership. When the sale was not completed, Portico sued the *467 sellers for specific performance and damages. The matter went to arbitration, resulting in an arbitration award of over $1.6 million in Portico’s favor. Although in its lawsuit Portico properly named as defendants Alan Harrison and Wei-Jen Harrison as trustees of the HCT, and HFE II, the arbitration award was not against the trustees, but only against the HCT and HFE n.

In 2007, a judgment confirming the arbitration award against the trust and the limited partnership was entered; the trial court declined to accept a proposed judgment against the trustees.

Portico did not seek to correct or modify either the arbitration award or the judgment to indicate the arbitration award and judgment were properly against the trustees; nor did Portico appeal from the judgment against the trust. Instead, years of protracted litigation ensued. Portico sought to enforce the judgment by levying on…

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