American Rag v. Haralambus CA2/5
Defendant and appellant Harry Haralambus (Haralambus) prevailed against plaintiff and respondent American Rag Cie, LLC (American Rag) in a non-jury trial on causes of action for declaratory relief (brought by American Rag) and breach of contract (brought by Haralambus). The court issued a judgment (1) declaring American Rag and Haralambus had an agreement that entitled Haralambus to certain royalty payments, and (2) awarding Haralambus damages for American Rag’s breach of that agreement in the years before the lawsuit. We consider whether the declaratory relief aspect of the judgment, which would obligate American Rag to make future royalty payments, was a judgment for “[m]oney or the payment of money” (Code Civ. Proc., § 917.1, subd. (a)(1)) such that Haralambus should be allowed to obtain some of those payments by drawing on the amount of the surety bond American Rag obtained to appeal the judgment.
Comments on American Rag v. Haralambus CA2/5