Cases: Judgment Enforcement

Equity, Judgment Enforcement: Lower Court’s Denial Of Fees To Judgment Debtor In State Case Based On ERISA Fee Shifting Statute and Denial Of Judgment Debtor’s Motion To Tax Costs Were Both Sustained On Appeal

Cases: Equity, Cases: Judgment Enforcement

ERISA Fee Entitlement Not Shown And The Winning ERISA Argument Was Not Raised Until Judgment Creditor’s Assignee Racked Up More Judgment Enforcement Expenses.             Everyone does need to keep in mind, within certain legal strictures, that attorney’s fees awards are frequently driven by the equities of a case.  Coastline JX Holdings LLC v. Bennett, Case […]

Discovery, Judgment Enforcement: Peripheral Objector’s Unsuccessful Opposition to Motions To Compel Compliance To Judgment Enforcement Third Party Subpoenas Affirmed On Appeal

Cases: Discovery, Cases: Judgment Enforcement

Sanctions Order Was Only $6,750, Although Losing Objector Is Now Liable For Substantially More In Appellate Fees.             This next case, Vision en Analisis y Estrategia v. Erwin Legal, Case No. G059669 (4th Dist., Div. 3 Feb. 17, 2022) (unpublished), demonstrates that sometimes a losing party/objector should take minor bumps rather than pursue an appeal

Deadlines, Judgment Enforcement, SLAPP, Special Fee Shifting Statutes: Where Trial Court Correctly Determined Reimbursement Of Fees/Costs Sought By Prevailing SLAPP Defendant Were For Judgment Enforcement, Not Appellate Fees, Motion Was Timely Filed

Cases: Deadlines, Cases: Judgment Enforcement, Cases: SLAPP, Cases: Special Fee Shifting Statutes

Distinction Between Enforcement Fees And Appellate Fees Set Forth In McQueen Governed.             In Laue v. Ortiz, Case No. H047475 (6th Dist., January 7, 2022) (unpublished), defendant successfully SLAPPed plaintiff’s complaint and was awarded fees and costs as mandated under Code Civ. Proc. § 425.16(c)(1) – the anti-SLAPP fee shifting provision.  After unsuccessfully appealing

Judgment Enforcement: 2/1 DCA Finds That Proportionality Analysis Can Be Used In Postjudgment Enforcement Fee Recovery Efforts

Cases: Judgment Enforcement

Upshot Is That Judgment Creditors May Need To Pursue The Most Cost Effective Remedy.             In Wertheim, LLC v. Currency Corp., Case No. B304655 (2d Dist., Div. 1 Oct. 14, 2021) (published), the Court of Appeal determined that a judgment creditor’s pursuit of over $800,000 in fees against a judgment debtor where the base judgment

Appeal Sanctions, Judgment Enforcement, Tort Of Another: Judgment Creditor Denied Contractual, Statutory, Or Tort Fees Where Thrust Of Dispute Involved Claim Under A Separate Contract Not Involving Judgment Debtors And Having No Contractual Fees Clause

Cases: Appeal Sanctions, Cases: Judgment Enforcement, Cases: Tort of Another

Attorney Was Not A Party To The Judgment Collection Settlement Agreement And Defenses Asserted In An Answer Do Not Provide A Tort Of Another Damages Predicate; Appellate Sanctions Request Denied.              Bush v. Cardinale, Case No. A159689 (1st Dist., Div. 4 Aug. 13, 2021) (unpublished) was a situation where a judgment creditor reaching judgments against

Judgment Enforcement, Section 1717, Undertaking: Denial Of § 1717 Attorney Fees To Third Party Entities Defeating Postjudgment Alter Ego Claims Reversed, But Denial Of Release Of Undertaking To Successful Member/Partner Affirmed

Cases: Judgment Enforcement, Cases: Section 1717, Cases: Undertaking

The Third District Followed The Reciprocity Principle Of § 1717 Set Forth In Reynolds Metals, MSY Trading, And 347 Group In Reversing The Fees Denial, But Affirmed Trial Court’s Denial Of Release Of Undertaking Based On Member/Partner’s Failure To Provide Notice.             In Westwood Homes, Inc. v. AGCPII Villa Salerno Member, LLC, Case No. C089127

Judgment Enforcement, Liens For Attorney Fees: $155,524.55 In Funds Transferred To Former Client Through Successor Counsel’s Client Trust Account Properly Awarded To Former Counsel

Cases: Judgment Enforcement, Cases: Liens for Attorney Fees

Successor Trustee’s Transfer Of Client’s Funds From His Client Trust Account Into His General Account Did Not Transform The Funds Into Successor Counsel’s Money Nor Affect Former Counsel’s Ability To Enforce His Lien. The Queen Mary, once a proud ocean liner, then a floating hotel, Long Beach, California.  Between 1980 – 2006. Photographer, Carol M.

Judgment Enforcement: $118,148 In Postjudgment Enforcement And Appellate Fees Affirmed In Favor Of Prevailing Party

Cases: Judgment Enforcement

Many Of Appellant’s Challenges Foreclosed By Resolution In Prior Appeal Which Was Dismissed, With Remaining Challenges Not Surviving An Abuse Of Discretion Deferential Review Standard.             In Locke Management Assn. v. Esch, Case Nos. C087137/C088192 (3d Dist. Apr. 2, 2021) (unpublished), defendant lost a right of first refusal challenge by plaintiff where there were contractual

Judgment Enforcement: Trial Court’s Denial Of Judgment Assignee’s Motion for Code Civ. Proc. § 685.040 Attorney’s Fees, Where Underlying Judgment Entitled Judgment Creditors To Fees, Reversed And Remanded

Cases: Judgment Enforcement

Although Original Judgment Creditors Did Not Move For Fees In The Underlying Judgment, The Underlying Judgment Obligating Judgment Debtor To Pay Reasonable Attorney Fees Was Sufficient To Trigger § 685.040.             Code Civ. Proc. § 685.040 entitles a judgment creditor to the reasonable and necessary costs of enforcing a judgment – including attorney fees which

Judgment Enforcement: Trial Court’s Denial Of § 685.040 Fees To Unsuccessful Plaintiff And Cross-Defendant Seeking To Hold Defendants In Contempt For Failure To Comply With Judgment Reversed On Appeal

Cases: Judgment Enforcement

Reversal Based On Trial Court’s Errors In Determining Two Elements Required For § 685.040 Fees, But 4/3 DCA Instructs Trial Court To Reconsider The Fees Motion On Remand Based On A Third Required Element – Whether The Incurred Fees Were Reasonable And Necessary.             A dispute over the use of a lateral sewer line was

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