Cases: Judgment Enforcement

Interest, Judgment Enforcement: Where Fee Award Had Been Paid Prior To Entry Of Judgment Of Dismissal Based On CCP Section 998 Acceptance In Lemon Law Case, Plaintiff Not Entitled To Postjudgment Interest On Fee Award

Cases: Interest, Cases: Judgment Enforcement

  Plaintiff’s Attempt To Depose Hyundai CEO For $462.50 Did Not Impress Appellate Court, Much Less Hyundai’s Emergency Stay Request.      We knew that the decision in Hyundai Motor America v. Superior Court, Case No. G051279 (4th Dist., Div. 3 Mar. 20, 2015) (published) was going to be interesting, because it kicked off with this […]

Judgment Enforcement, SLAPP: Attorney’s Fees Incurred In Enforcement Of SLAPP Fee Recovery Are Recoverable Costs Under CCP § 685.040

Cases: Judgment Enforcement, Cases: SLAPP

  Plain Meaning of Statute and California Supreme Court Precedent So Dictated.      In a prior companion appeal, York v. Strong, Case No. G049512 (4th Dist., Div. 3 Mar. 10, 2015) (unpublished), one attorney appealed a SLAPP fee recovery of $21,840 assessed against him when another attorney “SLAPPed” his claim arising from competing claims to

Fee Clause Interpretation, Judgment Enforcement: Fee Recovery In Counsel Disqualification Proceeding And Alter Ego Amendment Proceeding Properly Awarded

Cases: Fee Clause Interpretation, Cases: Judgment Enforcement

  LLC Operating Agreement Clause Was Broad and Post-Judgment Activity Recovery Broadened Under 1992 Amendment.      In Fiscal Funding Co., Inc. v. Dones, Case No. A140460 (1st Dist., Div. 3 Feb. 13, 2015) (unpublished), Fiscal Funding brought a writ petition to unsuccessfully challenge an arbitrator’s decision to disqualify an attorney, who happened to be the

Costs, Judgment Enforcement: Appellate Dispositional Reversal “In All Other Respects” Meant What It Said—A Reversal Of Prior Costs Award To Real Parties Also

Cases: Costs, Cases: Judgment Enforcement

  Petition for Rehearing Was Correct Clarification Vehicle, But Filed Too Late.      The Fourth District, Division 3, in an opinion following rehearing, came to the same result in Ducoing Management, Inc. v. Superior Court, Case No. G050457 (4th Dist., Div. 3 Feb. 10, 2015) (published), a writ proceeding which involved Presiding Justice O’Leary, Justice

Fee Clause Interpretation, Judgment Enforcement, Section 1717: Judgment Debtor Properly Denied Fee Recovery Under CC 1717 Because He Didn’t Prevail On Motion To Vacate Renewed Judgment And 1717 Fees Clause Did Not Pertain To Motions Narrowly

Cases: Fee Clause Interpretation, Cases: Judgment Enforcement, Cases: Section 1717

  Unusual Holding in Rainier Decision Did Not Compel Contrary Result.      In Mir v. Iungerich & Spackman, Case No. B250393 (2d Dist., Div. 3 Jan. 29, 2015) (unpublished), judgment debtor obtained partial success on a motion to vacate a renewed judgment arising from a legal retainer agreement with a fees clause. Judgment debtor persuaded

Judgment Enforcement: Judgment Creditor Accepting Cashier’s Check Precluded From Obtaining More Post-Judgment Fees

Cases: Judgment Enforcement

  Gray1CPB Case Result Does Not Change After Remand From Cal. Supreme Court.      On April 9, 2014, we posted on Gray1 CPB, LLC v. SCC Acquisitions, Inc., Case No. G047429 (4th Dist., Div. 3), which held that a judgment creditor was precluded from seeking post-judgment enforcement attorney’s fees based on accepting a cashier’s check

Judgment Enforcement: Social Security Bank Account, Even If Not Direct Government Deposit, Exempt From Judgment Enforcement Re Fee/Costs Award

Cases: Judgment Enforcement

  Judgment Debtor Must Show Social Security Funds Were Involved, But This Was Done.     Machine signs 7,000 Social Security checks per hour with no writer’s cramp.  1939.  Library of Congress.        Justice Fybel, on behalf of a 3-0 panel, in Kilker v. Stillman, Case No. G048473 (4th Dist., Div. 3 Jan. 16, 2015) (published)

Costs/Judgment Enforcement: Appellate Court Reversal In All Other Respects Except For Affirmance On One Nonsuit Ruling As To One Plaintiff Also Meant Pro-Defense Costs Ruling In First Trial Was Reversed As To Other Nonsuited Plaintiff

Cases: Costs, Cases: Judgment Enforcement

  Given Plaintiffs Were Unified in Interest, Reversal and Potential Exposure From First Plaintiff Required Reversal of Costs Ruling Too.      Our local appellate court, in a “by the Court” writ decision involving Justices O’Leary (presiding), Fybel, and Thompson, decided that appellate directives usually “mean what they say.” In this case, a lower court erred

Deadlines/Judgment Enforcement/Special Fee Shifting Statute (Elder Abuse): California Supreme Court “Splits The Baby” On Deciding If Appellate Fees For Elder Abuse And Fraudulent Transfer Claims Are Subject To Deadline Of Being Claimed Before Judgmen

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

Answers:  “No” on Elder Abuse; “Yes” on Fraudulent Transfer.             In Conservatorship of McQueen, Case No. S209376 (Cal. Supreme Court July 7 2014), the California Supreme Court faced an interesting timing issue as to when appellate fees must be filed for and sought in a post-judgment enforcement situation.  Specifically, the plaintiff prevailed on both elder

Arbitration/Judgment Enforcement: Parties’ “High/Low” Pre-Arbitration Agreement Enforced Where Losing Party Honored Arrangement And Was Erroneously Denied Benefit of Judgment Satisfaction Acknowledgment Procedure

Cases: Arbitration, Cases: Judgment Enforcement

  Losing Party Played It Well All Along the Way.      Looks like the appellate courts have been facing a lot of post-judgment enforcement fee issues lately, as recent posts have demonstrated. Here is another one to add to the list.      Horath v. Hess, Case Nos. D063124/D063709 (4th Dist., Div. 1 Apr. 10, 2014)

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