Weaver v. Wigder
Filed 6/14/06 Weaver v. Wigder CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
| GRETA WEAVER et al., Plaintiffs and Appellants, v. ROBERT P. WIGDER et al., Defendants and Respondents. | A105429 (San Mateo County Super. Ct. No. 425121) |
Greta Weaver and Robert Devlin (appellants) appeal from a judgment of dismissal entered after the court sustained a demurrer without leave to amend. We reverse.
BACKGROUND
In 1992, Robert and Patricia Wigder and Wigder Leasing Corporation (jointly respondents) sold appellants a property in Mexico for $750,000. When appellants defaulted, respondents sued them in New Jersey, and in 1993 recovered a default judgment for over $850,000. Respondents had the New Jersey judgment entered in the San Mateo County Superior Court.[1]
In 1994, appellants paid respondents $436,799.87 toward the judgment debt. In 1995, to collect on the remaining debt, respondents repossessed the Mexico property and had appellants forcibly evicted. In or around November of 1996 they exchanged the property â€
