KBR Appellate Team Secures Reversal of $917,000 Default Judgment
September 8, 2026
Kreditor Bolduc Risbrough LLP (KBR) is pleased to congratulate attorneys Eoin L. Kreditor, Brook John Changala, and Julio Soto-Kim on a significant appellate victory securing the reversal of a $917,000 default judgment against KBR client Excellence RE Real Estate, Inc.
The case presented a substantial challenge. The trial court had entered a default judgment against the client that included $208,809.89 in damages, $600,000 in punitive damages, as well as attorneys’ fees and costs. KBR’s appellate team had not represented the client during the underlying trial court proceedings and was brought in after the default and judgment had already been entered.
After carefully reviewing the procedural history and appellate record, KBR’s attorneys identified a critical issue involving the plaintiff’s failure to provide the legally required notice of the amount of punitive damages sought before obtaining the default.
The California Court of Appeal agreed with KBR’s position, concluding that because the required statement of punitive damages had not been served before the default was entered, the $600,000 punitive damages award exceeded the trial court’s jurisdiction and was void.
The Court reversed the judgment and remanded the case with instructions that ultimately provide KBR’s client with the opportunity to respond to the underlying claims and defend the matter on its merits.
A Second Chance Through Strategic Appellate Advocacy
This result reflects KBR’s commitment to thoughtful, strategic appellate advocacy—particularly when a judgment carries significant financial and legal consequences.
By identifying a critical procedural defect and successfully pursuing appellate relief, Eoin L. Kreditor, Brook John Changala, and Julio Soto-Kim helped restore the client’s opportunity to defend the case and demonstrated the impact experienced appellate counsel can have, even after a judgment has already been entered.
Facing a significant judgment or considering an appeal? KBR’s experienced litigation attorneys help businesses and individuals evaluate complex legal matters and develop strategic paths forward.
About FKBR Legal
For over 40 years, the award-winning attorneys at FitzGerald Kreditor Bolduc Risbrough LLP have delivered sophisticated legal guidance and adept representation to clients nationwide. FKBR Legal has guided clients through numerous business and economic cycles and changes in the law, successfully representing their interests from the negotiating table to the courthouse.
With a depth and breadth of experience rarely seen at a mid-size law firm, FitzGerald Kreditor Bolduc Risbrough LLP offers clients high-level representation across a broad range of industries and businesses.
For more information on how FKBR Legal can assist with your legal needs, please contact Lynne Bolduc at (949) 788-8900 or lbolduc@fkbrlegal.com.
