Tikosky
Tikosky v. Yehuda
Opinion
lead Opinion
Chaney, J.
*1226 "The plaintiff is entitled only to a single recovery of full compensatory damages for a single injury." ( Jhaveri v. Teitelbaum (2009) 176 Cal.App.4th 740 , 754, 98 Cal.Rptr.3d 268 ( Jhaveri ).) This case presents the question whether payment in the amount of the judgment to the plaintiff by a third party for something collaterally related to the judgment constitutes satisfaction of the judgment.
Jacob Tikosky won a judgment against Yoram Yehuda in 2003. As part of his collection efforts, Tikosky sought and received a court order to sell one of Tikosky's properties. The senior lienholder's insurer, Chicago Title Insurance Company (CTIC), paid Tikosky the exact amount of his judgment lien to avoid the sale. Based on CTIC's payment to Tikosky, Yehuda filed a motion to compel acknowledgment of partial satisfaction of the judgment. After a meandering procedural journey, the trial court denied Yehuda's motion. Yehuda appealed.
Because we conclude that CTIC's payment to Tikosky was not payment on Tikosky's judgment against Yehuda, but rather was payment for Tikosky refraining from having Yehuda's property sold, we affirm the trial court's order. 1