Cases: Judgment Enforcement

Judgment Enforcement: Where Judgment Debtor Resisted Efforts To Allow Payment To Judgment Creditor Despite Court Deposit, Judgment Creditor Entitled To Seek Postjudgment Enforcement Fees And Costs

Cases: Judgment Enforcement

Although Judgment Interest Ceased, Judgment Creditor Was Entitled To Seek Fees/Costs To Obtain Satisfaction—Any Other Result Would Be Mischievous!             Wertheim, LLC v. Currency Corporation, Case No. B277633 (2d Dist., Div. 1 June 6, 2019) (published) was a situation where judgment creditor Wertheim obtained a bonded judgment in its favor but encountered a judgment debtor […]

Judgment Enforcement: Lower Court Properly Denied Judgment Debtor’s Motion To Compel Full Satisfaction Acknowledgment From One Of Several Judgment Creditors After Payoff Of Only One Judgment Creditor

Cases: Judgment Enforcement

However, Judgment Creditor’s Acceptance Of Payoff Check Cut Off Further Postjudgment Fees, Even Though Other Judgment Creditors Were Not Paid Off.             Roe v. Ma, Case No. A150320 (1st Dist., Div. 3 Jan. 31, 2019) (unpublished) is a situation where a judgment debtor having four judgment creditors under a prior integrated judgment decided to satisfy

Judgment Enforcement/Partition: Judgment Creditor Failed To File Appeal From Partition Distribution Order So As To Challenge Fees Awarded To Successful Party In Partition Action

Cases: Judgment Enforcement, Cases: Partition

Also, Judgment Creditor’s Lien Against Other Tenant In Common Did Not Impact Winning Tenant In Common’s Partition Award.             The Fourth District, Division 1, in Sikes v. Sikes, Case No. D071576 (4th Dist., Div. 1 June 27, 2018) (unpublished), dealt with a nasty partition fight between brothers where one brother induced another brother to relocate

Judgment Enforcement:  Receipt Of Check And Erroneous Execution of Judgment Acknowledgment Meant There Was No Valid Satisfaction of Judgment

Cases: Judgment Enforcement

Case Just As Importantly Illustrates Importance Of Fees/Costs Exposure—Plaintiff Won Only $1,002, But Was Awarded $121,125 In Fees And $7,842.26 In Costs Under Davis-Stirling Act.               Rivera v. 4 Streets Co-Op of Rte. 2, Inc., Case No. B281866 (2d Dist., Div. 2 Apr. 26, 2018) (unpublished) has some post-judgment enforcement lessons, but just as equally illustrates

Liens For Attorney’s Fees/Judgment Enforcement/Retainer Agreements:  Two Unpublished Decisions Discuss These Issues

Cases: Judgment Enforcement, Cases: Liens for Attorney Fees, Cases: Retainer Agreements

Attorney’s Liens/Retainer Agreements—Primo Hospitality Group, Inc. v. The Americana At Brand, LLC, Case No. B271188 (2d Dist., Div. 5 Nov. 17, 2017) (Unpublished).             In this case, which involved some interesting third-party creditor and offset issues of interest to judgment collection attorneys, the appellate court did agree that attorney’s liens do not have to comply

Equity/Judgment Enforcement/Liens For Attorney Fees:  Assignment Of Judgment To Attorney Subject To Offsets As A Matter of Equity

Cases: Equity, Cases: Judgment Enforcement, Cases: Liens for Attorney Fees

Result No Different Even If Classic Attorney’s Fees Lien Involved.             Although the facts are too convoluted to discuss in detail, Lalanne v. Armanino, Case No. A147227 (1st Dist., Div. 5 Aug. 31, 2017) (unpublished) involved a situation where an attorney obtained an assignment of judgment which was held subject to claimed offsets in the

Interest/Postjudgment Enforcement:  Interest Accrues On First Entry of Judgment, Even When Costs (Fees Included) Are Included Later

Cases: Interest, Cases: Judgment Enforcement

Complicated Interpleader Dispute Still Results In Interest Accrual Result Described Above.             Wertheim, LLC v. Currency Corp., Case No. B270926 (2d Dist., Div. 5 Aug. 25, 2017) (unpublished) involved a complicated interpleader/postjudgment dispute between various parties, among which was an insurer of an appeal bond in favor of plaintiff Wertheim.  For purposes of this blog,

Judgment Enforcement/Sanctions: $5,000 Sanctions Award Against Judgment Debtor’s Attorney For No Answer Instructions During Judgment Debtor Examination Was Vacated

Cases: Judgment Enforcement, Cases: Sanctions

  Reason Is That Ground For Sanctions Was Statute Only Applying To Postjudgment Interrogatories And Document Requests, Not J/D Exams.     A lower court sanctioned a judgment debtor’s attorney to the tune of $5,000 under CCP § 2023.030 for directing a client not to answer certain questions at a judgment debtor examination.  The appellate court,

Judgment Enforcement: Motion To Discharge Procedure In Surety Bond Action Encompasses Fees On Related Work

Cases: Judgment Enforcement

However, Work Not Incurred In Particular Special Surety Action Was Not Compensable.      Code of Civil Procedure section 386.6 gives courts discretion to award costs and attorney’s fees to a party who pursues the deposit and discharge procedure provided by section 386.5 in a post-judgment surety bond case, namely, allowing a neutral stakeholder to apply

Judgment Enforcement/Settlement: Settlement Agreement Silence On Fees Did Not Prevent Postjudgment Collection Fee Entitlement Where Labor Code Section 218.5 Provided Statutory Basis For Fees

Cases: Judgment Enforcement, Cases: Settlement

  Postjudgment Fee Recovery Properly Allowed Against Settling Defendant.      Khanna v. Sonasoft Corp., Case No. H040007 (6th Dist. June 30, 2016) (unpublished) involved a situation where parties settled a wage/hour dispute under Labor Code section 218.5 under a judicially-supervised settlement agreement which was silent on fee recovery.  However, the trial court did allow postjudgment

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