Judgment Enforcement: Unpublished Case Reminds Judgment Creditors That A Judgment Debtor Challenge To An Underlying Judgment On Appeal Does Not Give Rise to Enforcement Of Judgment Appellate Fee Recovery

2/2 DCA So Holds.

               Bonin v. Chayes, Case No. B340106 (2d Dist., Div. 2 May 29, 2025) (unpublished) is a good reminder to judgment collection attorneys that appellate fees by a judgment creditor incurred to defend an underlying judgment are not collectible under the Enforcement of Judgments Act.  Here is the quote: “Plaintiff cannot recover attorney fees incurred on appeal pursuant to the Enforcement of Judgments Law. (See CCP § 685.040; Conservatorship of McQueen (2014) 59 Cal.4th 602, 604, 608 [‘efforts in opposing defendant[s’] appeal of the judgment were not undertaken to enforce the judgment but to defend it’].)”