Goldrich v. Kaplan
This case is perhaps the tail end of a lengthy litigation saga involving an underlying partnership venture and 16 acres of real property located in Marina Del Rey. This episode of the saga arises from the simple breach of a $900,000 promissory note. The holders of the promissory note, plaintiffs Jona Goldrich and Jerome Snyder, sued to collect a delinquent sum certain, due on a date certain, from the maker of the note, a general partnership known as WLB-RSK Venture, and its two general partners Warren Breslow and defendant Raymond Kaplan. It is uncontested that the promissory note was properly executed, that payment was due by September 9, 1997, that it was unpaid, and that the action seeking payment was timely filed.
Contrary to Kaplans contentions, (1) summary judgment was properly granted against him because the trial court did not abuse its discretion in precluding any evidence of an affirmative defense and striking answers as sanctions for Kaplans willful disobedience of court orders and for discovery abuse, and (2) the court properly sustained the demurrer to a cross-complaint by Kaplan which raised claims previously adjudicated and resolved adversely to him and thus barred by res judicata.
Thus, the judgment against Kaplan and other defendants for approximately $2.5 million, including interest, is affirmed. Since Kaplans sole attack on the order awarding attorney fees is premised on his hoped-for loss of prevailing party status by Goldrich and Snyder, based on a reversal of the judgment under review (which is not to be), court affirm the award of approximately $395,000 in attorney fees.
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