Trattman v. Key
This case is before us for a second time. The underlying facts are set forth in detail in our prior opinion in case No. B204150, filed on June 22, 2010, and need not be restated here. Briefly, in 2007, following a bench trial on plaintiff and respondent Dieter Trattmann’s complaint for damages for fraud and quiet title, among other things, the trial court found defendant and appellant Garrison Key fraudulently recorded deeds in his own name associated with 11 properties. The judgment entered in favor of Trattmann and against Key quieted title in 9 of the 11 properties in the names of Trattmann and Key in equal shares as tenants in common, awarded Trattmann damages in the amount of $159,808.50 (lost rent, increased tax liability and costs of sale); and held Key liable for all of the yet to be determined costs and fees associated with the receiver appointed to manage the subject properties during the litigation (the September 2007 judgment). In the prior opinion, we affirmed the liability findings against Key and remanded for a further trial on whether Trattmann was also entitled to punitive damages. We found Key’s challenge to the receivership cost award premature since the Receivership Court had not yet approved a final accounting and costs.
In January 2012, following remand, the Receivership Court approved total costs and fees of $2,179,461, most of which had already been paid out of the receivership estate. On Trattmann’s motion for clarification, the trial court ordered Key to pay Trattmann that amount as additional damages, without credit for payments made to the receiver attributable to Key’s half of the receivership estate (the March 2012 clarification order). In case No. B241337, Key appeals from the March 2012 clarification order.
Following a three-day trial, the trial court awarded Trattmann punitive damages in the amount of $150,000 (the June 2012 punitive damages award). In case No. B243406, Key appeals from the June 2012 punitive damages award.
We consolidated case Nos. B241337 and B243406 for purposes of oral argument and decision. We affirm the June 2012 punitive damage award but reverse the March 2012 clarification order and remand with directions.
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