Stoltenberg v. Ampton Investments, Inc.
215 Cal. App. 4th 1225
| Cal. Ct. App. | 2013Background
- After a California jury awarded plaintiffs $8,516,704 plus costs, defendants did not post a stay bond and judgment enforcement proceeded.
- Plaintiffs registered the California judgment in New York, where defendants reside, and pursued enforcement, including a financial information subpoena to Ampton Investments, Inc.
- Defendants did not comply with the subpoena or with a New York trial court’s order to respond, leading to contempt findings.
- New York court ordered defendants to respond within 30 days; failure to comply prompted a contempt finding and sanctions.
- California appellate relief was sought via disentitlement; the court dismissed the appeal for willful noncompliance with sister-state orders, effectively enforcing the California judgment.
- The dismissal requires no stay; the court rejected extending disentitlement only to California orders and held sister-state orders enforceable as to the California judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether disentitlement applies to noncompliance with sister-state orders | Plaintiff: noncompliance frustrates enforcement of California judgment; disentitlement appropriate | Defendant: disentitlement cannot be based on sister-state orders; orders not final or within California's jurisdiction | Yes; disentitlement applies to noncompliance with New York orders aiding enforcement |
| Whether dismissal of the appeal is proper given contempt | Plaintiff: contempt and noncompliance justify dismissal to enforce judgment | Defendant: further remedies available; not enough basis to dismiss appeal outright | Yes; appeal properly dismissed under disentitlement |
| Whether the orders were final and properly subject to disentitlement | Plaintiff: orders sufficiently final to support disentitlement | Defendant: orders were not final or appealable in New York | Yes; orders were enforceable and support disentitlement |
Key Cases Cited
- Moffat v. Moffat, 11 Cal.3d 645 (Cal. 1980) (disentitlement power to dismiss for contemptuous conduct)
- MacPherson v. MacPherson, 13 Cal.2d 271 (Cal. 1939) (courts of this state; disregard for contempt)
- Knoob v. Knoob, 192 Cal. 95 (Cal. 1923) (disentitlement sourcing from contemptuous behavior)
- TMS, Inc. v. Aihara, 71 Cal.App.4th 377 (Cal. App. 1999) (postjudgment discovery and dismissal for willful noncompliance)
- Stone v. Bach, 80 Cal.App.3d 442 (Cal. App. 1978) (presumption of validity of orders; dismissal for contemptuous conduct)
- Alioto Fish Co. v. Alioto, 27 Cal.App.4th 1669 (Cal. App. 1994) (inherent power to dismiss for failure to comply with orders)
- Tobin v. Casaus, 128 Cal.App.2d 588 (Cal. App. 1954) (judgment debtor noncompliance and appeal consequences)
- Empire Blue Cross & Blue Shield v. Finkelstein, 111 F.3d 278 (2d Cir. 1997) (fugitive disentitlement in appellate context; enforcement related)
- Motorola Credit Corp. v. Uzan, 561 F.3d 123 (2d Cir. 2009) (evasion of enforcement procedure may invoke disentitlement)