Kunysz v. Sandler
Construction litigation between a building contractor and a homeowner has now spawned two successive lawsuits between them: the first involving construction defect claims by the homeowner, and the second involving defamation claims by the contractor. Both lawsuits resulted in damage awards to the respective plaintiffs. In the second lawsuit, which is the subject of the instant appeal, the jury awarded $300,000 to the building contractor, including a $125,000 punitive award, even though it found that the building contractor sustained no actual damages. The parties have determined to end this mutually destructive litigation cycle. As part of a settlement, reached through this courts judicial settlement program, they have filed a stipulated request to reverse the judgment on appeal. Court grant the request. We discern no public policy reason to preserve the underlying judgment under the statutory criteria. (Code Civ. Proc., 128, subd. (a)(8)[1].)
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