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Sharifpour v. Tam Le

California Court of Appeal, Fourth District, Third Division

January 10, 2014

Sina SHARIFPOUR et al., Plaintiffs and Appellants,
v.
TAM LE et al., Defendants and Respondents.

Appeal from an order of the Superior Court of Orange County, Franz E. Miller, Judge. Reversed. (Super. Ct. No. 30-2008-00111427).

COUNSEL

[167 Cal.Rptr.3d 423] Randall A. Spencer; and Alexander H. Escandari, Beverly Hills, for Plaintiffs and Appellants.

Donna Bader, Laguna Beach, for Defendants and Respondents.

OPINION

MOORE, ACTING P.J.

Page 731

Sina and Shekoufeh Sharifpour obtained a $712,682.89 judgment against Tam and Kim Le. In this appeal, we determine whether the court erred in staying enforcement of the judgment pending appeal, without the requirement of an undertaking. We reverse.

I

FACTS

The facts of this case are set forth more fully in our opinion in Case No. G047481, being filed concurrently herewith.

The court ordered that enforcement of the Sharifpours' judgment against the Les be stayed pending trial against other defendants. The Sharifpours then settled with the remaining defendants. At a November 27, 2012 status

Page 732

conference, the Les informed the court of their intention to file a motion for stay of enforcement of the judgment pending appeal. The court extended the existing stay until January 31, 2013.

The Les then filed a motion for a postjudgment setoff of amounts paid by three settling defendants and a stay of enforcement of the judgment. The Les argued the enforcement of the judgment should be stayed until the court ruled on ...


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