Lawwly

Macaluso v. Superior Court

California Court of Appeal

162 Cal. Rptr. 3d 318 (2013)

Relevant factsFree

After Lennar Homes of California, Inc. (Lennar) (plaintiff) obtained a judgment against Marsch and began collection proceedings, it subpoenaed non-party Todd Macaluso (defendant) for a judgment debtor examination, but Macaluso refused to answer most questions or produce documents; the trial court granted Lennar's motion to compel, and when Macaluso filed a notice of appeal, the trial court found the order non-appealable and proceeded to hold him in contempt for noncompliance. Macaluso petitioned for a writ of mandate, arguing the trial court lost jurisdiction to issue further orders once he filed his notice of appeal.

IssueFree

Whether a post-judgment order that makes a final determination of rights or obligations of parties is appealable.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases