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Case Name: Naegele v. DeVries

Case No.: 1-13-CV-242216

Defendant Donald J. DeVries (“Defendant”) moves for summary judgment or alternative, for summary adjudication as to the claims filed by plaintiff Charles Joseph Naegele (“Naegele”).

DeVries’ motion for summary judgment or alternatively, for summary adjudication is DENIED.  DeVries’ assertion that the undertaking filed by Naegele with the Court on February 11, 2013 was ineffective does not comport with Code of Civil Procedure section 995.420, subdivision (a), which provides that a bond is deemed effective “at the time it is given,” i.e., when it is executed.  (See also Lewin v. Anselmo (1997) 56 Cal.App.4th 696, 699-700.)  Once filed, the undertaking stayed enforcement of the judgment and extinguished all liens based thereon.  (See Code Civ. Proc., § 697.040, subd. (a)(1).)  Additionally, the evidence presented by both parties indicates that DeVries had actual notice of the filing of the undertaking before he obtained the funds from the escrow account to satisfy his judgment against Naegele.  (DeVries Decl., ¶ 14; Mancuso Decl., ¶¶ 2, 5, 7.)   

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