From Casetext: Smarter Legal Research

Bello v. Integrity Prop. Mgmt.

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE
May 1, 2017
B280317 (Cal. Ct. App. May. 1, 2017)

Opinion

B280317

05-01-2017

SYLVIA M. BELLO, Plaintiff and Appellant, v. INTEGRITY PROPERTY MANAGEMENT et al., Defendants and Respondents.

Sylvia M. Bello, in pro. per., for Plaintiff and Appellant. Foley & Mansfield, Peter B. Langbord and Daniel C. Heaton for Defendants and Respondents.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. BC549750) APPEAL from a judgment of the Superior Court of Los Angeles County, Gail Ruderman Feuer, Judge. Dismissed. Sylvia M. Bello, in pro. per., for Plaintiff and Appellant. Foley & Mansfield, Peter B. Langbord and Daniel C. Heaton for Defendants and Respondents.

Plaintiff, Sylvia M. Bello, appeals from a judgment in her favor of $56,550 entered after a jury trial. Defendants, Integrity Property Management and G & K Hanson Properties, LLC, have moved to dismiss plaintiff's appeal on waiver grounds. As plaintiff has accepted the jury verdict's benefits and her counsel, Andrew E. Smyth, has executed a full acknowledgement of satisfaction of judgment, we agree and dismiss the appeal.

On November 18, 2016, judgment was entered on the special verdict in plaintiff's favor. On December 14, 2016, defense counsel tendered two cashiers checks totaling $56,907.35 to Mr. Smyth. Neither plaintiff nor Mr. Smyth expressed any reservation, objection or condition regarding acceptance of the two checks. The checks were deposited into Mr. Smyth's client trust account. Mr. Smyth then executed a full satisfaction of judgment which was filed in the trial court. Defendants argue that acceptance of the two checks and the execution of the full satisfaction of judgment waives plaintiff's right to appeal. We agree. (Mathys v. Turner (1956) 46 Cal.2d 364, 366; Giometti v. Etienne (1936) 5 Cal.2d 411, 414-415; Watson v. McEwen (1964) 225 Cal.App.2d 771, 775; Guho v. City of San Diego (1932) 124 Cal.App. 680, 683-684.) We need not address the parties' other arguments. Acceptance of the funds without condition and execution of the full satisfaction of judgment ends the matter. Nor need we address any issue of mootness.

The appeal is dismissed. Defendants, Integrity Property Management and G & K Hanson Properties, LLC., shall recover their costs incurred on appeal from plaintiff, Sylvia M. Bello. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

TURNER, P. J. We concur:

KRIEGLER, J.

DUNNING, J.

Judge of the Orange Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. --------


Summaries of

Bello v. Integrity Prop. Mgmt.

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE
May 1, 2017
B280317 (Cal. Ct. App. May. 1, 2017)
Case details for

Bello v. Integrity Prop. Mgmt.

Case Details

Full title:SYLVIA M. BELLO, Plaintiff and Appellant, v. INTEGRITY PROPERTY MANAGEMENT…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE

Date published: May 1, 2017

Citations

B280317 (Cal. Ct. App. May. 1, 2017)