Bergland v. Isch CA3
In 2007, in connection with claims of self-dealing, the trial court removed Rudolf Isch as trustee of a family trust. In 2009 Rudolf settled litigation regarding his trust management by agreeing to pay the trust half a million dollars, plus a $100,000 assessment for fees and costs if his first payment was late; he also signed stipulated judgments to effectuate the terms of the settlement agreement. Four years later, when the successor trustee tried to collect on the judgment debt by writ of execution, Rudolf made a postjudgment motion to stay enforcement of the writ of execution, to quash the writ, to set aside the judgment on which the writ was based and for set-off, asserting arguments regarding the timing of his 2009 payments, the fairness of the $100,000 penalty, and his right to credits and offsets. The trial court denied Rudolf’s motion as a collateral attack on a final judgment and also denied Rudolf’s set-off requests.
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