California Courts of Appeal
Aug. 11, 2022
Court clarifies when adverse judgment can be vacated
“He who seeks equity, must do equity and have ‘clean hands.’” wrote Justice Kenneth R. Yegan.
An adverse judgment for an unfulfilled settlement cannot be vacated if the parties recognize the amount as damages in the agreement, a unanimous appellate panel ruled.
The 2nd District Court of Appeal ruling came last month in the case of a Ventura County man who inadvertently admitted owing rent monies by signing a settlement to close a dispute. The panel said that the man’s “financial wound was self-inflicted” because he failed to fulfi...
To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In