United States District Court, N.D. California
September 30, 2005.
LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts corporation, Plaintiff,
HENRY D. HOGE, an individual; DONA P. HOGE, an individual; HAROLD K. SPENCE, an individual; JOHN H. MANSPERGER, an individual; CLARENCE S. WEBER, an individual; HILDA S. WEBER, an individual; HENRY D. HOGE and DONA P. HOGE FAMILY TRUST, a trust; HENRY D. HOGE, a trustee; DONA P. HOGE, a trustee; and DOES 1-50, Defendants and Counterclaimants.
The opinion of the court was delivered by: WILLIAM ALSUP, District Judge
ORDER RESOLVING REMANDED ISSUE
Upon remand from the Ninth Circuit, the Court previously
ordered the parties to recalculate the aggregate amount of funds
necessary to pay only pre-judgment (and not post-judgment)
attorney's fees and litigation costs as necessaries for support
under California Civil Procedure Code § 487.020. In light of the
global settlement agreement in the related litigation (Case No.
03-2502), resolving all outstanding issues, it is unnecessary for
the parties to engage in any retrospective accounting of such
funds. An aggregate amount based on the prior estimates of
Special Master Thomas Klitgaard would be sufficient. The parties
shall submit a proposed order by OCTOBER 5, 2005. In any event, the Court recognizes that the issue is likely
moot because the Hoge defendants specifically released and waived
all rights granted under the Order of Exemption as part of the
global settlement agreement.
IT IS SO ORDERED.
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