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York v. Strong

California Court of Appeals, Fourth District, Third Division

March 10, 2015

MICHAEL G. YORK, Plaintiff and Respondent,
v.
KATHLEEN STRONG, Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, No. 30-2013-00660117 Geoffrey T. Glass, Judge.

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[Copyrighted Material Omitted]

Page 1473

COUNSEL

Michael G. York, in pro. per., for Plaintiff and Respondent.

Law Offices of David J. Harter, David J. Harter; and Kurt Ressler, for Defendant and Appellant.

OPINION

RYLAARSDAM, ACTING P. J.

Kathleen Strong appeals from an order denying her motion for postjudgment attorney fees incurred in enforcing a judgment for fees awarded for her successful defense of a SLAPP suit (Strategic Litigation Against Public Participation; Code of Civ. Proc., § 425.16; all further statutory references are to this code.)

Strong argues she was entitled to such a fee award pursuant to section 685.040, which authorizes an award for enforcement of judgments not only where provided for in a contract, but also in cases where such fees are “otherwise provided by law.” (§ 685.040.)

We agree. Both the language of section 685.040 and binding Supreme Court precedent require this result. We therefore reverse the order and remand the case to the trial court for further proceedings on Strong’s motion for attorney fees.

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FACTS

Strong was sued by respondent Michael G. York in a case arising out of their competing claims to share in a settlement that had been paid to a client whom York and Strong had each represented at various points in an underlying litigation. Strong filed a special motion to ...


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