Cases: Judgment Enforcement

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 […]

Judgment Enforcement: $60 Filing Fee For Post-jugment Debtor Examination Was Not Allowable Where It Was Not Approved By The Judge Conducting The Proceeding

Cases: Judgment Enforcement

Result Followed From The Clear Wording Of CCP §685.070(a)(5).             In Banda v. Wash, Case No. F077727 (5th Dist. Sept. 30, 2020) (unpublished), plaintiff obtained a civil harassment restraining order and concomitant attorney’s fees/costs of $16,814.  She then filed a postjudgment debtor examination proceeding to require judgment creditor to appear for an examination, paying a

Judgment Enforcement, SLAPP: Lower Court Did Not Err In Granting Only Minimal Postjudgment Fees/Costs Of $735 To Winning SLAPP Defendant Where Plaintiff Interpled $22,000 As An Undertaking To Secure Underlying Trial-Level SLAPP Fee Award

Cases: Judgment Enforcement, Cases: SLAPP

Requested Fees/Costs Of Almost $6,700 Were Not Reasonable Or Necessary Under CCP § 685.040.             In Padilla III v. Jakubaitis, Case No. G057424 (4th Dist., Div. 3 June 30, 2020) (unpublished), a SLAPP defendant successfully had stricken one cause of action, with the trial court awarding it about $14,300 in mandatory fees/costs.  While things were

Judgment Enforcement, Section 1717: In A Case Of First Impression, The 4/3 DCA Affirms Section 1717 Attorney Fees To Prevailing Alter Ego Defendant In An Enforcement Action For An Underlying Breach Of Contract Judgment

Cases: Judgment Enforcement, Cases: Section 1717

Prevailing Alter Ego Defendant Would Have Been Entitled To Section 1717 Fees For Defeating Plaintiffs’ Claims If Made In The Underlying Action Even Though He Was Not A Signatory On The Contract.             In MSY Trading Inc. v. Saleen Automotive, Inc., Case No. G057093 (4th Dist., Div. 3 June 26, 2020) (published), judgment creditor

Judgment Enforcement: It Was Abuse Of Discretion To Award Judgment Creditor Plaintiff Attorneys’ Fees For Voluntarily Dismissed Causes Of Action

Cases: Judgment Enforcement

Code Of Civil Procedure section 685.040 Entitled Plaintiff Only To Fees Incurred On The Single Cause Of Action On Which He Prevailed.             Code of Civil Procedure section 685.040 allows a judgment creditor to recover reasonable and necessary attorneys’ fees incurred in enforcing a judgment if the underlying judgment includes an award of attorneys’ fees

Judgment Enforcement: Fees/Costs Incurred In Successfully Adding Judgment Debtors, Including Appellate Work To Obtain That Successful Outcome, Were Prejudgment Costs Not Governed By EJL Procedures Or Deadlines

Cases: Judgment Enforcement

Award Of $80,000 Each In Fees To Two Successful Plaintiffs Remanded For A Re-Do.             In Highland Springs Conference and Training Center v. City of Banning, Case No. E069248 (4th Dist., Div. 2 Nov. 21, 2019) (published), two CEQA petitioners obtained a successful judgment relating to an EIR certification, obtaining significant attorney’s fees under the

Judgment Enforcement, Prevailing Party: Trial Court Properly Denied Plaintiff’s Motion For Attorney Fees In An Action Brought Under The Uniform Foreign-Country Money Judgments Recognition Act

Cases: Judgment Enforcement, Cases: Prevailing Party

The Foreign Judgment Was Never Recognized In The California Court Given The Parties Entered Into A Settlement Agreement Prior To A Determination On The Request For Recognition.             The Uniform Foreign-Country Money Judgments Recognition Act (Code Civ. Proc., § 1713 et seq.) (UFCMJRA) allows California courts to recognize and enforce judgments entered by courts

Appeal Sanctions, Employment, Judgment Enforcement, Undertaking: Employer Fails In Multiple Attempts To Reduce Fee Award, CEO Is Properly Denied Fees Following Successful Alter Ego Challenge, And Attorney Sanctioned $7,765 For Meritless Challenge

Cases: Appeal Sanctions, Cases: Employment, Cases: Judgment Enforcement, Cases: Undertaking

The Fees Award Against Employer Had Been Affirmed By The Sixth District Three Years Prior, The CEO Could Not Prove Employee’s Alter Ego Claims Were Frivolous, But Employer’s Motion To Release Surety Bond So Frivolous It Warranted 6th District’s Issuance Of Sanctions On Its Own Motion.             We originally posted on Khanna v. Sonasoft

Interest, Judgment Enforcement: Reversal Of Judgment And Remand, Which Really Was An Upward Modification, Required That Interest On The Attorney’s Fees Award Should Run From The Date Of Original Judgment

Cases: Interest, Cases: Judgment Enforcement

Substance Of The Order Was Determinative.             In Pacifica Companies LLC v. Patel, Case No. D074358 (4th Dist., Div. 1 Sept. 23, 2019) (unpublished), the 4/1 DCA in an earlier decision reversed a trial judge order denying a request for contractual attorney’s fees based upon a letter of intent agreement, remanding so that the trial

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