Reason Was That Defense Insurer Voluntarily Paid Both The Judgment and Sanctions In Full.
In Nelson v. Estate of Holguin, Case No. B298135 (2d Dist., Div. 3 July 28, 2020) (unpublished), defendant estate suffered a $167,250 adverse jury verdict and CCP § 2033.420 costs-of-proof sanctions of $52,245.40. Defendant’s insurer voluntarily paid the judgment and costs-of-proof sanctions, but it subsequently appealed the section 2033.420 sanctions award. The 2/3 DCA dismissed the appeal, determining that the insurer’s voluntary payment waived the right to appeal in the absence of a settlement or compromise. (Miller v. Cabral, 13 Cal.App.3d 503, 506 (1970).)
BLOG COMMENT: There is an exception to the waiver rule, where the payment was made under risk of compulsion, such as where a mechanic’s foreclosure sheriff sale might take place and result in a draconian forfeiture. (Reitano v. Yankwich, 38 Cal.2d 1, 3 (1951).) Here, however, there was simply a voluntary payment, not hinged to a compromise or settlement preserving the ability to appeal.