Wickremesinghe v. Jayasinghe
Lakshman Wickremesinghe and Chrisanthie Wickremesinghe (plaintiffs) sued Walter Jayasinghe and Aesha Jayasinghe (defendants) for damages suffered from defendants failure to comply with Code of Civil Procedure section 724.050.[1] In a prior lawsuit resolved in 1989, defendants were granted a judgment against plaintiffs, and plaintiffs and defendants were found jointly and severally liable to third parties also involved in the lawsuit. Plaintiffs were to indemnify defendants for any amounts paid by them to the third parties. In June 2000, defendants filed abstracts of judgment against plaintiffs properties in three counties for the judgment owed to them (that they later admitted had already been paid) and for the indemnification amounts, although they had never been asked to make any payments to the third parties. Plaintiffs demanded (pursuant to section 724.050) that defendants sign an acknowledgment of satisfaction of judgment to remove the abstracts of judgment filed against their properties. Defendants refused, claiming that, although they had never been asked by any third party to pay on the judgment for which they were jointly liable with plaintiffs, they did not want to lose their right of indemnification by signing an acknowledgment of satisfaction of judgment.
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