Sorokine

Design Built Sys. v. Sorokine

Good Law
243 Cal. Rptr. 3d 897·32 Cal. App. 5th 676
Court of Appeal of CaliforniaFebruary 26, 2019A151264; A152059California6,470 words

Opinion

Lead Opinion

Richman, J.

*680 These consolidated appeals assert three claims of error by the trial court. The first was directing a verdict against appellants as cross-defendants on a claim they violated an Internal Revenue Code provision and thereafter awarding $20,000 in sanctions and $122,995 in attorney fees against them. The second was directing verdicts against appellants on claims they had asserted against others, which ruling was premised on appellants' inability to prove damage because the trial court had granted a motion in limine preventing appellants from introducing evidence of payments made to an unlicensed contractor. And the third was awarding cost of proof damages to a party based on requests for admissions propounded by a different party. We agree with appellants on all three claims, and we reverse.

BACKGROUND

Appellants are Alexei Sorokine and Elena Koudriavtseva (usually when referred to collectively, appellants). They are husband and wife. Sorokine is the owner of a home in San Rafael (the property), which *900 he had acquired prior to their marriage. In 2010, Sorokine traveled to Russia and has not been able to return.

Respondents are Design Built Systems (DBS), and Dmitriy…

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