ABATTI v. ELDRIDGE

Docket No. 18596.

112 Cal.App.3d 411 (1980)

169 Cal. Rptr. 330

BEN ABATTI et al., Plaintiffs, v. ED ELDRIDGE et al., Defendants and Appellants; LOUIS L. LANZA et al., Claimants and Respondents.

Court of Appeals of California, Fourth District, Division One.

November 20, 1980.


Attorney(s) appearing for the Case

COUNSEL

Sutherland & Gerber and Neil Gerber for Defendants and Appellants.

Kronick, Moskovitz, Tiedemann & Girard, Stephen A. Kronick and Paul M. Bartkiewicz for Claimants and Respondents.


OPINION

WIENER, J.

The question in this appeal is whether the court properly exercised its discretion in resolving competing creditors' claims to an insufficient common fund. Or, phrased differently, if the court can't increase the size of the pie, how should it cut the slices? We hold the court was correct in denying defendants' motion to approve a settlement with plaintiffs where the settlement was an attempt to finesse the lien of a judgment...

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