Posts Tagged ‘Cooking’

California Attorney Fees

March 16th, 2022

When can you recover attorney’s fees on a judgment, or when you attempt to recover a judgment? Only when the judgment or a court confirms that you can. What if the lawyer’s fees were not specifically granted on the judgment, however an award of the counselor’s fees was mentioned in your judgment?

One of many judgment articles: I am a Judgment Broker, not a lawyer, and this article is my opinion based on my experience, please consult with a lawyer if you need legal advice.

I am not an attorney, and my opinion is that since your judgment mentions the recovery of lawyer fees, and if the contract the lawsuit was based on, allows for the recovery of such fees and costs, or if there is a law specially authorizing the recovery of attorney fees; then you can include those costs on a memorandum of costs.

If, however, you have a judgment that awarded lawyer fees, however the lawsuit was not based on a contract that specified the post-judgment recovery of such fees; then I think you might need to win a noticed motion to add your lawyer fees to the judgment. In the rare event that such fees are predetermined by law, a noticed motion may not be necessary. Make sure you act before your judgment is fully satisfied.

In some courts, you can only add attorney’s fees, if they are added within 10 days of the judgment’s entry. Otherwise the creditor must file and serve a new lawsuit case for their lawyer fees and lawsuit costs.

In California, when it comes to including post-judgment lawyer fees on a MC-12 memorandum of costs, CCP 685.070 states what costs may be included on the MC-12 form.

CCP 685.070 (a) item 6 states that lawyers’ fees are permitted, if they are allowed by both CCPs 685.040 and 1033.5. If you have a judgment that awards such fees as per these two CCPs, then include your post-judgment lawyer fees on your memorandum of costs. The most relevant part of CCP 1033.5 states that such fees may be authorized by either contract or statute.