Second District, Division 6 Considers Scope of CCP Section 720.260. Code of Civil Procedure section 720.260(c) allows a creditor with a competing claim to prevent release of funds to a secured party or lienholder claiming priority by posting an undertaking in favor of secured party/lienholder to “[i]ndemnify the secured party or lienholder against any […]
Second District, Division 1 Reverses Supplemental Fee Award Based Upon Lack of Notice. Under Code of Civil Procedure section 685.040, a judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Recoverable costs include attorney’s fees incurred in enforcing a judgment, where the original judgment includes a fee award pursuant
Second District, Division 7 Publishes Decision in Decade Long Battle Arising From Credit Impairment Allegations. Although too long to recite in detail (43 pages in length), Sanai v. Saltz, Case Nos. B198217 & B202787 (2d Dist., Div. 7 Jan. 26, 2009) (certified for publication) chronicles a donnybrook between a former in pro per renter
Second District Remands For Fee Determination in Split Opinion. Under our category “Judgment Enforcement,” we have discussed prior cases construing Code of Civil Procedure section 685.040, which allows a judgment creditor to recover reasonable and necessary attorney’s fees incurred in “enforcing” a judgment if the underlying judgment includes an award of fees to the
Substantial Judgment Awarding Fees Found to be Nonpenal in Nature and Nonrepugnant to State Policy. This post examines an appeal raising challenges to substantial fee awards against a litigant’s attorney (a nonparty) by the Gibraltar Supreme Court, akin to a California superior court, under English law. After the Los Angeles County Superior Court entered
First District, Division Five Implicitly Agrees With Second District’s Globalist Decision. In our post of October 28, 2008, we reviewed the Fourth District, Division Three’s decision in Globalist Internet Technologies, Inc. v. Reda, 167 Cal.App.4th 1267 (2008), where the appellate court ruled that fees incurred in the defense of a related settlement enforcement proceedings
Fourth District, Division Three Relies on Jaffe v. Pacelli In Reversing Denial of Fee Award to Judgment Creditor. In our August 2, 2008 post, we reviewed the Second District’s decision in Jaffe v. Pacelli, 165 Cal.App.4th 927 (2008), which dealt with application of Code of Civil Procedure section 685.040. That provision specifies that when
Any Other Result Would "Undermine the Intent" of the Judgment Enforcement Statutes. In a case that most law professors would love (replete with convoluted facts), the Sixth District faced an appeal by a judgment creditor arising from a 2000 judgment in judgment creditor’s favor that included an attorney’s fees award of
