Cases: Judgment Enforcement

Landlord/Tenant, Postjudgment Enforcement, Section 998: Two Landlords Do Not Do Well In Fee Proceedings

Cases: Judgment Enforcement, Cases: Landlord/Tenant

  Postjudgment Enforcement—Harris v. Otttovich, Case Nos. A139146 et al. (1st Dist., Div. 5 June 2, 2015) (unpublished).      In this one, former landlords lost a wrongful eviction suit and the lower court awarded tenant $48,000 in postjudgment collection/enforcement fees under CCP § 685.040. Landlords argued that, because there was no contract with a fees […]

Bankruptcy, Costs, Judgment Enforcement: Prevailing Party Judgment Creditor’s Request For Post-Judgment Collection Fees Untimely Under Section 108 Bankruptcy Extension Section And Post-Judgment Enforcement Time Limits Are Jurisdictional In Nature

Cases: Bankruptcy Efforts, Cases: Costs, Cases: Judgment Enforcement

  End Result Was Denial of Most Fee Recovery To Judgment Creditor, Although Routine Costs Were Allowed To The Creditor.    In the companion cases of Devereaux v. Clontz, Case Nos. H037998 and H039324 (6th Dist. Apr. 30, 2015) (unpublished), judgment creditor sought attorney’s fees and costs in connection with post-judgment collection efforts against judgment

Judgment Enforcement: Judgment Creditor Entitled To Attorney’s Fees For Obtaining Judgment Against Third Party Attorney In Creditor’s Action

Cases: Judgment Enforcement

  Creditor’s Action Was Not Truly Independent Suit, But Continuation Of Postjudgment Enforcement Efforts Obstructed By Third Party Holding Judgment Debtor Funds.      Inequitable circumstances often dictate results in appellate cases, although the decision in ABC Money Transactions, Inc., Case No. G048363 (4th Dist., Div. 3 April 10, 2015) (unpublished) was hardly a stretch under

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)

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