8 California opinions name it 2 courts 2008–2022 1 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Globalist Internet Technologies, Inc. v. Redagreen2 sentences2010(Ketchum, supra, 24 Cal.4th at p. 1141 & fn. 6; Wanland, supra, 141 Cal.App.4th at pp. 22-23; see also Globalist Internet Technologies, Inc. v. Reda (2008) 167 Cal.App.4th 1267, 1274-1276 [ 84 Cal.Rptr.3d 725 ] [attorney fees incurred in enforcing judgment, or defending its validity against a challenge in another forum, recoverable under § 685.040].) 9 *141 However, costs and attorney fees sought under section 685.040 must be pursued by noticed motion within the timeframe set forth by section 685.080, subdivision (a), which provides in part: “The judgment creditor may claim costs authorized by 2010(Ketchum, supra, 24 Cal.4th at p. 1141 & fn. 6; Wanland, supra, 141 Cal.App.4th at pp. 22-23; see also Globalist Internet Technologies, Inc. v. Reda (2008) 167 Cal.App.4th 1267, 1274-1276 [ 84 Cal.Rptr.3d 725 ] [attorney fees incurred in enforcing judgment, or defending its validity against a challenge in another forum, recoverable under § 685.040].) 9 *141 However, costs and attorney fees sought under section 685.040 must be pursued by noticed motion within the timeframe set forth by section 685.080, subdivision (a), which provides in part: “The judgment creditor may claim costs authorized by | 1 | 2 |
Harper v. Wausau Insurancegreen2 sentences2015Co. (1997) 56 Cal.App.4th 1079, 1086 (Harper).) However, "[t]here are several exceptions to the general rule which prohibits a third party claimant from suing an insurer." (Harper, supra, 56 Cal.App.4th at p. 1086 .) Under the judgment creditor exception at issue here, "once a party has a final judgment against the insured, the claimant becomes a third party beneficiary of the insurance policy and may enforce the terms which flow to its benefit pursuant to [] section 11580." (Harper, at p. 1086.) Section 11580 provides in part: "A policy insuring against losses set forth in subdivision (a) sha 2015Co. (1997) 56 Cal.App.4th 1079, 1086 (Harper).) However, "[t]here are several exceptions to the general rule which prohibits a third party claimant from suing an insurer." (Harper, supra, 56 Cal.App.4th at p. 1086 .) Under the judgment creditor exception at issue here, "once a party has a final judgment against the insured, the claimant becomes a third party beneficiary of the insurance policy and may enforce the terms which flow to its benefit pursuant to [] section 11580." (Harper, at p. 1086.) Section 11580 provides in part: "A policy insuring against losses set forth in subdivision (a) sha | 1 | 1 |
Chinese Yellow Pages Co. v. Chinese Overseas Marketing Service Corp.green1 sentence2014(Ibid.) “The court shall make an order allowing or disallowing the costs to the extent justified under the circumstances of the case.” (§ 685.080, subd. (c).) “The usual standard of review for an award of attorney fees is abuse of discretion. [Citation.] But whether the trial court had the authority to award attorney fees is a legal issue which we review de novo.” (Globalist Internet Technologies, Inc. v. Reda (2008) 167 Cal.App.4th 1267, 1273 ; see Chinese Yellow Pages Co. v. Chinese Overseas Marketing Service Corp. (2008) 170 Cal.App.4th 868, 886 [questions as to whether fees 4 and costs inc | 1 | 1 |
Jonathan Neil & Associates, Inc. v. Jonesgreen2 sentences2008(Jonathan Neil & Associates, Inc. v. Jones (2006) 138 Cal.App.4th 1481, 1489 [ 42 Cal.Rptr.3d 350 ].) Once a judgment has been renewed, a new application for renewal may not be submitted within five years of the previous renewal. (§ 683.110, subd. (b).) Although entry of the renewed judgment is a ministerial act accomplished by the clerk of the court (Goldman v. Simpson (2008) 160 Cal.App.4th 255, 262 [ 72 Cal.Rptr.3d 729 ]; § 683.150), the judgment creditor may challenge the renewal by filing a motion to vacate or modify the renewed judgment (§ 683.170, subd. (b)). 2008(Jonathan Neil & Associates, Inc. v. Jones (2006) 138 Cal.App.4th 1481, 1489 [ 42 Cal.Rptr.3d 350 ].) Once a judgment has been renewed, a new application for renewal may not be submitted within five years of the previous renewal. (§ 683.110, subd. (b).) Although entry of the renewed judgment is a ministerial act accomplished by the clerk of the court (Goldman v. Simpson (2008) 160 Cal.App.4th 255, 262 [ 72 Cal.Rptr.3d 729 ]; § 683.150), the judgment creditor may challenge the renewal by filing a motion to vacate or modify the renewed judgment (§ 683.170, subd. (b)). | 1 | 1 |
Goldman v. Simpsongreen2 sentences2008(Jonathan Neil & Associates, Inc. v. Jones (2006) 138 Cal.App.4th 1481, 1489 [ 42 Cal.Rptr.3d 350 ].) Once a judgment has been renewed, a new application for renewal may not be submitted within five years of the previous renewal. (§ 683.110, subd. (b).) Although entry of the renewed judgment is a ministerial act accomplished by the clerk of the court (Goldman v. Simpson (2008) 160 Cal.App.4th 255, 262 [ 72 Cal.Rptr.3d 729 ]; § 683.150), the judgment creditor may challenge the renewal by filing a motion to vacate or modify the renewed judgment (§ 683.170, subd. (b)). 2008(Jonathan Neil & Associates, Inc. v. Jones (2006) 138 Cal.App.4th 1481, 1489 [ 42 Cal.Rptr.3d 350 ].) Once a judgment has been renewed, a new application for renewal may not be submitted within five years of the previous renewal. (§ 683.110, subd. (b).) Although entry of the renewed judgment is a ministerial act accomplished by the clerk of the court (Goldman v. Simpson (2008) 160 Cal.App.4th 255, 262 [ 72 Cal.Rptr.3d 729 ]; § 683.150), the judgment creditor may challenge the renewal by filing a motion to vacate or modify the renewed judgment (§ 683.170, subd. (b)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gray1 CPB, LLC v. SCC Acquisitions, Inc.
green
2 sentences2019Section 685.080 requires that a motion for such costs be made before the judgment is "satisfied in full." ( § 685.080, subd. (a).) The time limitation is " ' "to avoid a situation where a judgment debtor has paid off the entirety of what he [justifiably] believes to be his obligation in the entire case, only to be confronted later with a motion for yet more fees." ' " ( Gray1, supra , 233 Cal.App.4th at p. 891 , 182 Cal.Rptr.3d 654 .) Section 685.080 does not define the phrase "satisfied in full," but absent some legislative indication to the contrary, of which there is none, satisfaction requ 2019Section 685.080 requires that a motion for such costs be made before the judgment is "satisfied in full." ( § 685.080, subd. (a).) The time limitation is " ' "to avoid a situation where a judgment debtor has paid off the entirety of what he [justifiably] believes to be his obligation in the entire case, only to be confronted later with a motion for yet more fees." ' " ( Gray1, supra , 233 Cal.App.4th at p. 891 , 182 Cal.Rptr.3d 654 .) Section 685.080 does not define the phrase "satisfied in full," but absent some legislative indication to the contrary, of which there is none, satisfaction requ | 2 | 2019–2019 |
Conservatorship of McQueen
green
1 sentence2022The motion shall be made before the judgment is satisfied in full, but not later than two years after the costs have been incurred.’ ” (McQueen, supra, 59 Cal.4th at p. 607 , fn. omitted.) B. | 1 | 2022–2022 |
Lucky United Properties Investment, Inc. v. Lee
green
1 sentence2015Those costs may be claimed as a matter of right (Lucky United Properties Investment, Inc. v. Lee, supra, 185 Cal.App.4th at p. 138 ), and plaintiff claimed them. | 1 | 2015–2015 |
Wright v. Fireman's Fund Ins. Companies
green
1 sentence2015Such policy, whether or not actually containing such provisions, shall be construed as if such provisions were embodied therein. "(a) Unless it contains such provisions, the following policies of insurance shall not be thus issued or delivered: [¶] . . . "(2) Against loss of or damage to property caused by draught animals or any vehicle, and for which the insured is liable . . . . 8 "(b) Such policy shall not be thus issued or delivered to any person in this state unless it contains all the following provisions: [¶] . . . "(2) A provision that whenever judgment is secured against the insured . | 1 | 2015–2015 |
Ketchum v. Moses
green
1 sentence2010(Ketchum, supra, 24 Cal.4th at p. 1141 & fn. 6; Wanland, supra, 141 Cal.App.4th at pp. 22-23; see also Globalist Internet Technologies, Inc. v. Reda (2008) 167 Cal.App.4th 1267, 1274-1276 [ 84 Cal.Rptr.3d 725 ] [attorney fees incurred in enforcing judgment, or defending its validity against a challenge in another forum, recoverable under § 685.040].) 9 *141 However, costs and attorney fees sought under section 685.040 must be pursued by noticed motion within the timeframe set forth by section 685.080, subdivision (a), which provides in part: “The judgment creditor may claim costs authorized by | 1 | 2010–2010 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.