Cases: Judgment Enforcement

Judgment Enforcement: Denial Of Fee Recovery For Post-Judgment Efforts, Including Fraudulent Conveyance Action Producing Return Of Property, Reversed And Remanded

Cases: Judgment Enforcement, Cases: SLAPP

Fourth District, Division 2 Finds No “Prevailing Party” Standard Applies in Post-Judgment Collection Efforts With Respect to Fee Recovery.      In this category, we have examined several decisions dealing with statutes that allow for fee recovery, if certain conditions are met (with a judgment having to provide for fee recovery), under Code of Civil Procedure […]

Judgment Enforcement: CCP § 685.040 Post-Judgment Enforcement Fees Not Applicable For Win in Priority Contest Between Two Judgment Creditors

Cases: Judgment Enforcement

Second District, Division 8 Finds Globalist Distinguishable in Priority Battle.      In Globalist Internet Technologies v. Reda, 167 Cal.App.4th 1267 (2008), the Court of Appeal found that Code of Civil Procedure section 685.040 allowed attorney’s fees recovery to a judgment creditor in efforts pursuing collection of the judgment against judgment debtor. The next case involved

Judgment Merger Of Fees Clause: Does Not Bar Fees Arising From Events Occurring After Entry of First Judgment

Cases: Judgment Enforcement

  Second District, Division 6 Applies Exception to the General Rule.      Generally, a judgment for damages under a contract replaces a defendant’s duty to perform the contract, which extinguishes any fee clause upon entry of judgment (except for postjudgment recovery of fees as specified under the CRC). (Jaffe v. Pacelli, 165 Cal.App.4th 927, 934.)

Judgment Enforcement: 10% Postjudgment Interest Runs From Date of Earlier Judgment, Even When Costs and Fee Awards Occurred Down The Line

Cases: Judgment Enforcement

  Court of Appeal Construes Judgment By Its Terms and Per CCP § 685.020(a).      So, here is one for all of you judgment enforcement addicts. (Are there such things? Some, we likely believe.)      Commercial tenant did pretty well in a convoluted lease modification and rent renewal dispute, beating the claims of landlord as

Judgment Enforcement: Judgment Debtor Entitled To Fees And Statutory Penalty Where Faxed Demand For Satisfaction Acknowledgment Was Received

Cases: Judgment Enforcement

Fourth District, Division 3 Found Fee Recovery Justified Even Though Satisfaction Demand Not Delivered Per Statute.      Code of Civil Procedure section 724.050 provides the exclusive procedure for compelling an acknowledgment of satisfaction of judgment, requiring the party demanding the acknowledgment to deliver its demand with certain warnings either personally or by U.S. mail. A

Post-Arbitration Fees and Judgment Enforcement: Court Of Appeal Considers Some Interesting Fee Award Appellate Challenges In These Two Areas

Cases: Arbitration, Cases: Deadlines, Cases: Judgment Enforcement

  Sixth District Likes Trial Court’s Rulings Across the Board on Fee Issues.      In Exatron, Inc. DiFrancesco, Case No. H033094 (6th Dist. Dec. 9, 2009) (unpublished), plaintiff’s prior attorney’s fees and costs award from a contractual arbitration against defendant were affirmed in a prior appellate decision. Nine months later, plaintiff filed for supplemental fees

Enforcement of Judgments: Judgment Debtors Beating Judgment Creditor Claims In Interpleader Entitled To Awards Of Costs As Prevailing Party

Cases: Judgment Enforcement

  Judgment Creditor Also Not Entitled to Prevailing Party Fees Under Judgment Enforcement Statute Even Though No Net Monetary Recovery Gained Under the Statute.      Here is a fairly arcane decision for you practitioners that are judgment enforcement specialists, affirming an award of costs to judgment debtors and denying judgment creditor’s appeal that he was

Family Law/Foreign Judgment Enforcement: British “Maintenance” Award Of Attorney’s Fees Was “Support” Award That Could Not Be Enforced Under Uniform Foreign Money-Judgments Recognition Act

Cases: Family Law, Cases: Judgment Enforcement

Third District Reverses Trial Court Recognition of Fee Award from Britain.      In the next one, Brits might think that we pesky U.S. rebels just have it in for them. Not quite, it simply was a technical interpretation of what awards can and cannot be enforced under the Uniform Foreign Money-Judgments Recognition Act, Civil Code

Judgments: Court Of Appeal Affirms Refusal To Enforce Judgment Against Attorney Where Attorney Legitimately Performed Services And Was Paid Fees Before Imposition of Constructive Trust Against Client’s Property

Cases: Judgment Enforcement

Third District Finds No Basis to Make Attorney Liable for Judgment Against Client.      In Monier-Kilgore v. Flores, Case No. C054502 (3d Dist. June 30, 2009) (unpublished), an attorney was paid about $532,000 in fees after helping his clients collect insurance proceeds from two recalcitrant insurers (receiving his contingency portion) and defending clients against plaintiffs’

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