David M. Almaraz Prevails in Enforcement of Judgment Case Posted by Admin on Nov 05 2019

David M. Almaraz - Partner - Portrait Headshot

 

Alpert, Barr & Grant is pleased to announce that David M. Almaraz prevailed for the firm’s client before the Los Angeles Superior Court, in a complex lawsuit involving the enforcement of a judgment.

 

Representing the defendant and judgment debtor, David successfully obtained a motion for summary judgment on behalf of a client, for a matter that began over 20 years prior.  He argued that based on the Commerce Clause of the U.S. Constitution, and the statute of limitations for the enforcement of the judgment originally entered in 1997 had lapsed.  The plaintiff argued that since the defendant had lived out of state for the last 20 years, the statute of limitations had been tolled.  The Court found that the statute plaintiff relied upon violated the U.S. Constitution as applied to the defendant, and granted summary judgment in its favor.

 

A motion summary judgment is a pre-trial request by a party that a judgment be entered by the court on the basis of pleadings and discovery, without having to go through a full trial.  Typically, the motion must show that no issue of material fact exists, and that the opposing party still loses on their claim even if all its allegations are accepted as true.

 

We commend David for his outstanding work on this matter!