Cases: Judgment Enforcement

Appealability/Judgment Enforcement: Because Underlying Judgment Was Not Based On Contract Or Other Statutory Bases Granting Fee Recovery, Postjudgment Fee Award Based On Simple Wording Of Judgment Did Not Confer Authority For Fee Grant

Cases: Appealability, Cases: Judgment Enforcement

  CCP § 685.040 Was Dispositive.      County of Alameda v. Ottovich, Case No. A133891 (1st Dist., Div. 3 June 17, 2013) (unpublished) is a reminder that postjudgment enforcement fee recoveries have to meet the requirements of CCP § 685.040, with the simple recitations in a judgment not providing the necessary predicate for fee entitlement. […]

Deadlines/Judgment Enforcement: Financial Elder Abuse Victor Precluded From Seeking Postjudgment Enforcement Fees Where Judgment Had Already Been Satisfied

Cases: Deadlines, Cases: Judgment Enforcement

  Mandate of CCP § 685.080 Is Clear.      In Conservatorship of McQueen, Case No. A134337 (1st Dist., Div. 4 Feb. 2, 2013) (unpublished), a conservator for an elder recovered a financial elder abuse judgment against an attorney, who subsequently paid the judgment in full, including interest. Conservator then moved for $57,681.90 in attorney’s fees

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  Rivas v. Altawood, Inc., Case No. E049597 (4th Dist., Div. 2 Apr. 18, 2012) (unpublished).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      The First District, Division 1 in Zocca v. Zocca, Case No. A130701 (1st Dist., Div. 1 Mar. 6, 2012) (unpublished)–think this is a family rite/fight, and you are right, being the latest appeal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

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