Cases: Judgment Enforcement

Judgment Enforcement Two-Fer: Improperly Issued Writ Of Execution Before Entry Of Fee Award Had To Be First Challenged In Trial Court Quash Proceeding First And Attorney’s Fees Judgment Paid By One Group Of Defendants Extinguished Judgment For Offse

Cases: Judgment Enforcement

  Rivas v. Altawood, Inc., Case No. E049597 (4th Dist., Div. 2 Apr. 18, 2012) (unpublished).      In this one, while the matter was on appeal, the trial court vacated an attorney’s fees award. However, a mix up occurred and a subsequent writ of execution was issued based on the fees award. The appellate court […]

Judgment Enforcement: Acknowledge Satisfaction Of Judgment And Then Appeal Underlying Judgment Error–Or Suffer The Fate Of Owing Attorney’s Fees For Losing Appeal After Not Satisfying Judgment

Cases: Judgment Enforcement

  Fate Is In Your Hands, Oh Judgment Creditor Appealing Judgment Offset Order Under CCP § 473–Acknowledge Satisfaction or Risk Fees.      The First District, Division 1 in Zocca v. Zocca, Case No. A130701 (1st Dist., Div. 1 Mar. 6, 2012) (unpublished)–think this is a family rite/fight, and you are right, being the latest appeal

Judgment Enforcement: Notice Of Lien Encompassing Prior Fee Judgment To Law Firm Enforcement Order Had To Be Reversed

Cases: Judgment Enforcement

  Lower Court Needed to Enter Final Judgment Under CCP § 708.470, But Appellate Court Preserved Priority Status Quo While This Was Being Accomplished.      Well-known Orange County law firm in Grabowski v. Rutan & Tucker, Case No. G044438 (4th Dist., Div. 3 Feb. 24, 2012) (unpublished) obtained a judgment against client for legal fees.

Equity/Judgment Enforcement: Appellate Court Discusses Fee Recovery From Injunction Bonds And Mandatory Nature Of Fees For Judgment Creditors’ Failures To Acknowledge Satisfactions Of Judgments

Cases: Equity, Cases: Judgment Enforcement

  Unpublished Decision Takes on Issues in Post-Judgment Phase of Case.      Although really an abuse of discretion/substantial evidence case on appeal, Terzian-Feliz v. Ajamian, Case No. A128900 (1st Dist., Div. 4 Feb. 21, 2012) (unpublished) does discuss several important principles relating to injunction bonds and post-judgment enforcement procedures.      First, recoverable attorney’s fees are

Judgment Enforcement: Appellate Court Affirms 40% Reduction of Fees Incurred On Remand Of Prior Appeal Allowing Recovery Of Bankruptcy Judgment Enforcement Efforts

Cases: Judgment Enforcement

  $274,495 Request Properly Pared Down to $164,697.      Pacelli v. Jaffe, Case No. B213228 (2d Dist., Div. 3 Jan. 9, 2012) (unpublished) is the culmination of a lot of fights involving post-judgment enforcement proceedings. After the appellate court remanded to allow the judgment creditor to recover for post-judgment enforcement efforts in the bankruptcy court

Judgment Enforcement: Costs And Attorney’s Fees Properly Allowed To Attorney Firm Judgment Creditor In Renewing Judgments Against Former Clients

Cases: Judgment Enforcement

  Judgment Debtors’ Failure to Timely File Motions to Costs Was Expensive–Resulting in Affirmance of Renewal Costs/Fee of Almost $750,000      As the “latest chapter of a 10-year saga,” judgment debtors (former clients) appealed a lower court’s grant of fees/costs to judgment creditor law firm in a total of sum of about $750,000 under postjudgment

Judgment Enforcement: Attorney’s Fees Not Authorized For Prevailing In Independent Creditor’s Suit

Cases: Judgment Enforcement

Reversal of Fortune, With Appellate Court Reversing $1,492,643.71 Fees Award.      In an interesting dispute over moneys contractually owed for home video distribution of the Steven Seagal movie “The Patriot,” a judgment creditor won an independent creditor’s suit under Code of Civil Procedure section 708.210 et seq., with the lower court also awarding $1,492,643.71 in

Judgment Enforcement/Minors: Defense Costs From Minor Dismissing Case Should Not Be Imposed Against Guardian Ad Litem

Cases: Judgment Enforcement, Cases: Minors

Court of Appeal Issued Mandate Quashing Judgment Debtor Exam Proceeding Against Guardian.      In Beasley v. Superior Court, Case No. D057308 (4th Dist., Div. 1 Dec. 10, 2010) (unpublished), a minor, through a grandmother who was appointed as guardian ad litem, had costs assessed against her in a case after it was voluntarily dismissed. The

Judgment Enforcement: Denial Of Fee Recovery For Post-Judgment Efforts, Including Fraudulent Conveyance Action Producing Return Of Property, Reversed And Remanded

Cases: Judgment Enforcement, Cases: SLAPP

Fourth District, Division 2 Finds No “Prevailing Party” Standard Applies in Post-Judgment Collection Efforts With Respect to Fee Recovery.      In this category, we have examined several decisions dealing with statutes that allow for fee recovery, if certain conditions are met (with a judgment having to provide for fee recovery), under Code of Civil Procedure

Judgment Enforcement: CCP § 685.040 Post-Judgment Enforcement Fees Not Applicable For Win in Priority Contest Between Two Judgment Creditors

Cases: Judgment Enforcement

Second District, Division 8 Finds Globalist Distinguishable in Priority Battle.      In Globalist Internet Technologies v. Reda, 167 Cal.App.4th 1267 (2008), the Court of Appeal found that Code of Civil Procedure section 685.040 allowed attorney’s fees recovery to a judgment creditor in efforts pursuing collection of the judgment against judgment debtor. The next case involved

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