Primo Hospitality Group v. The Americana at Brand
Several judgment creditors appeal from a post-judgment order establishing the priority of liens under Code of Civil Procedure section 708.470. In the underlying trial, the trial court awarded a restaurant owner damages of $840,000 against a mall and $560,000 against a management company, but awarded the mall unpaid rent and attorney fees of $2.5 million against the restaurant. The mall waived its right to set off the judgments under section 666. A third party judgment creditor filed a notice of lien on any judgment awarded to the restaurant. As to the portion of the judgment against the mall, the trial court awarded the mall priority to receive the proceeds, based on the principles underlying equitable setoff.
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