Wilson v. Super. Ct.
Petitioners Brian Wilson, Michelle Wilson, Rick Kurland, Mary Kurland, Carole Barton, Kevin O'Neal, Veronica O'Neal, Jon Nunes, Kelly Nunes, Vincent Bond, Jeanne Bond, Ernesto Esplana, and Marlyn Esplana (collectively, petitioners) obtained a judgment against Donovan Westerfeld, Debbie Westerfeld, and Homeowners Construction Defect Group, LLC (collectively, Defect Group), for negligence. That's when the case became the legal equivalent of Mr. Toad's Wild Ride. The judgment failed to award petitioners statutory damages and attorney fees under Code of Civil Procedure section 1029.8. Although the trial court initially stated it would amend the judgment to make provision for such damages and attorney fees, the court later refused to rule on a motion to set aside the judgment or a motion for an award of attorney fees, because the court believed it did not have jurisdiction over the case, due to a pending appeal. The appeal, however, had been filed by another set of defendants, John A. Gladych and Gladych & Associates, Inc. (collectively, Gladych), and the trial court retained jurisdiction over the severable portion of the judgment involving Defect Group.
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