Goldman v. Gagnard

Dist. Ct. did not err in granting plaintiff’s motion for turnover order of defendants’ assets in registration proceeding to enforce California Dist. Ct. order that confirmed plaintiff’s arbitration award that stemmed from plaintiff’s action seeking to recover damages to plaintiff’s home that was built by defendants. While defendants sought set-off of arbitration award that reflected plaintiff’s recovery from other defendants of damages to her home, Ct. of Appeals found that defendants had waived issue by failing to fully litigate said issue in earlier California lawsuit, where said court had denied defendants’ request for set-off, and where defendants had failed to appeal California court’s denial of set-off. Moreover, defendants could not raise issue in instant lawsuit, where Dist. Ct. was simply attempting to enforce judgment by other entities that had already resolved what was owed to plaintiff.