Cases: Judgment Enforcement

Judgment Enforcement: Despite Contractual Cap On Attorney’s Fees, Postjudgment Enforcement Fees Were Not Similarly Capped

Cases: Judgment Enforcement

Case Demonstrates That Enforcement Fees May Eclipse The Underlying Small Fee Award By Exponential Amounts.             In Nash v. Aprea, Case No. B322796 (2d Dist., Div. 7 Oct. 3, 2023) (published), a default judgment of $59,191 was entered against defendant, with $1,000 of that being contractual attorney’s fees because the contract capped recoverable fees at […]

Discovery, Judgment Enforcement, Sanctions: Lower Court’s Failure To Include Discovery Sanctions In Post-Trial Judgment Was Not Erroneous

Cases: Discovery, Cases: Judgment Enforcement, Cases: Sanctions

Discovery Sanctions Was An Independent Monetary Judgment Subject to Post-Judgment Enforcement.             In Marriage of Bush, Case No. G061202 (4th Dist., Div. 3 June 15, 2023) (unpublished), a family law judge issued $3,635 in discovery sanctions against wife, but the judge stayed any payment until a trial determined who owed what.  However, the monetary sanction

Judgment Enforcement, SLAPP: SLAPP Post-judgment Enforcement Fees/Costs Award Affirmed On Appeal

Cases: Judgment Enforcement, Cases: SLAPP

SLAPP-ed Plaintiff/Judgment Debtor Liable For Post-judgment Enforcement Costs Because He Did Not Move To Tax A Post-judgment Enforcement Costs Memo, A Procedural Deadline Which Was Independent Of Any Subsequent Satisfaction Of Judgment Requests.             In Briggs v. Elliott, Case No. D080283 (4th Dist., Div. 1 May 26, 2023) (unpublished), two political rivals were involved in

Judgment Enforcement: Prior Recordation of Interlocutory Judgment Containing Monetary/Constructive Trust Relief Beat Out Later Deed Of Trust Recorded By Attorneys To Secure Fees

Cases: Judgment Enforcement

Race-Notice Gave Victory To The Interlocutory Judgment Recordation.             In The 12 Tribes of Israel, U.S.A., Inc. v. Barnum, Case No. B315528 (2d Dist., Div. 5 May 4, 2023) (unpublished), the nub of the appeal came down to a race-notice issue.  Did an earlier interlocutory judgment containing monetary and constructive relief beat out a subsequent

Judgment Enforcement: Judgment Creditor Properly Awarded Attorney’s Fees For Pursuing A Wage Garnishment Order Against Ex-Husband For A Community Debt Judgment Against A Wife

Cases: Judgment Enforcement

No Conspiracy Between A Judgment Debtor And Relevant Third Party Is Required.             Code of Civil Procedure section 685.040 authorizes a trial court to award reasonable and necessary costs of enforcing a judgment to the judgment creditor, if (1) the fees were incurred to “enforce” a judgment, and (2) the underlying judgment included an award

Costs, Judgment Enforcement: CourtCall and Electronic Filing Fees Are Discretionary Costs Which Can Be Awarded

Cases: Costs, Cases: Judgment Enforcement

Appellant’s Claim For An Offset Based On An Appellate Costs Award Was Rejected Because Appellant Failed To Renew His Judgment Before The 10-Year Deadline Ran.             In Henry v. Dawson, Case No. G061115 (4th Dist., Div. 3 Nov. 15, 2022) (unpublished), the 4/3 DCA affirmed that CourtCall and electronic filing expenses are allowable in the

Judgment Enforcement: Trial Court’s Denial On Remand Of Code Of Civil Procedure section 685.040 Fees For Bringing An Unreasonable And Unnecessary Motion To Compel Affirmed On Appeal

Cases: Judgment Enforcement

Defendants Were Attempting To Comply With The Judgment, But Plaintiffs’ Were Intentionally Thwarting Their Attempts.             In our November 26, 2020 post, we discussed the unpublished decision in Buechler v. Butker, Case No. G058054 (4th Dist. Div. 3 November 23, 2020), wherein the trial court had denied the $37,052.50  in fees sought by plaintiff pursuant to

Equity, Judgment Enforcement, Tort Of Another: Law Corporation’s Attempts To Setoff Adverse Judgment For Tort Of Another Fees Were Rebuffed By Court Of Appeal

Cases: Equity, Cases: Judgment Enforcement, Cases: Tort of Another

Nothing Demonstrated Setoff For Tort Of Another Fee Damages Could Be Obtained In A Postjudgment Phase.             The result in David S. Karton, A Law Corporation v. Musick, Peeler, Garrett LLP, Case No. B305837 (2d Dist., Div. 1 Oct. 3, 2022) (published), was driven by a prior appellate opinion where a default in favor of

Deadlines, Judgment Enforcement: $38,115 In Attorney’s Fees For Prior Appeal And Judgment Enforcement Reversed As A Matter Of Law, Leaving About $26,055 In Fees Intact

Cases: Deadlines, Cases: Judgment Enforcement

Prior Appeal Fees Were Untimely Sought And Judgment Enforcement Request Related To A Judgment Without A Fees Clause Award.             In Peng v. F.M. Tarbell Co., Case No. B317907 (2d Dist., Div. 2 July 25, 2022) (unpublished), a trial judge awarded an additional $64,170 in attorney’s fees relating to appeal expenses and judgment enforcement costs

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