Havasu Lakeshore Investments v. Fleming CA4/3
Cross-defendant Terry L. Fleming, Sr. 1appeals from a $3.6 million
judgment against him and in favor of cross-complainant Havasu Lakeshore Investments,
LLC (HLI) for Fleming’s constructive fraud in purchasing a loan on which HLI had
defaulted and then foreclosing on the loan. Based on Fleming’s postjudgment conduct,
however, HLI has moved for the dismissal of Fleming’s appeal under the disentitlement
doctrine. That doctrine prohibits a judgment debtor from seeking “the benefits of an
appeal while willfully disobeying the trial court’s valid orders and thereby frustrating [the
judgment creditor’s] legitimate efforts to enforce the judgment.” (Gwartz v. Weilert
(2014) 231 Cal.App.4th 750, 761 (Gwartz).) The record reveals that Fleming has made
repeated, deliberate, and obstructionist efforts to effectively stay execution of the
judgment without complying with legal procedures. He has lied under penalty of perjury
at his judgment debtor examination, refused to com
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