Supreme Court of California

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Conservatorship of McQueen, S209376

The judgment of the Court of Appeal holding that plaintiff's motions for attorney's fees brought after prevailing in an elder abuse action and after settling a separate action regarding real estate assets, were subject to California Code of Civil Procedure section 685.080, which entitles a judgment creditor to reasonable and necessary costs of enforcing the judgment but requires that the motion be made before the judgment is satisfied in full, and thus, untimely, is: 1) reversed in part, where, as to attorney fees on appeal from the elder abuse judgment, the motion was not subject to section 685.080, because plaintiff‘s efforts in opposing defendant's appeal of the judgment were not undertaken to enforce the judgment but to defend it against reversal or modification; but 2) affirmed in part, where plaintiff's separate action to prevent transfer of assets was brought in aid of the judgment's enforcement, and fees incurred in that action could only be recovered under section 685.040, making them subject to the time limits of section 685.080(a).

Appellate Information

  • Decided 07/07/2014
  • Published 07/07/2014

Judges

  • WERDEGAR

Court

  • Supreme Court of California

Counsel