Havasu Lakeshore Investments v. Fleming
Cross-defendant Terry L. Fleming, Sr. appeals from a $3.6 million judgment against him and in favor of cross-complainant Havasu Lakeshore Investments, LLC (HLI) for Fleming’s constructive fraud in purchasing a loan on which HLI had defaulted and then foreclosing on the loan. Based on Fleming’s postjudgment conduct, however, HLI has moved for the dismissal of Fleming’s appeal under the disentitlement doctrine. That doctrine prohibits a judgment debtor from seeking “the benefits of an appeal while willfully disobeying the trial court’s valid orders and thereby frustrating [the judgment creditor’s] legitimate efforts to enforce the judgment.” (Gwartz v. Weilert (2014) 231 Cal.App.4th 750, 761 (Gwartz).) The record reveals that Fleming has made repeated, deliberate, and obstructionist efforts to effectively stay execution of the judgment without complying with legal procedures.
Comments on Havasu Lakeshore Investments v. Fleming