2010-00067706-CU-BC
Shehadeh/Taylor LLC vs. Sierra Property Associates-Rocklin
Nature of Proceeding: Motion to Recover Costs of Enforcing a Judgment
Filed By: Fairbrook, John D.
Plaintiff/Judgment Creditors’ Motion to Recover Costs of Enforcing a Judgment is
unopposed and is granted.
Judgment was entered in this case on June 27, 2012. Defendant appealed the
judgment on September 10, 2012. The appeal is currently pending, but the Judgment
has not been stayed. Defendant has not sought to stay enforcement of the judgment
directing the sale of Defendant’s interest in the Company.
Judgment Creditor has filed a motion to recover costs of enforcing a judgment
pursuant to CCP 685.040 and 685.080. Plaintiffs seek an additional award of
attorneys fees incurred in connection with the various post-judgment procedures
involving enforcement of the judgment.
Where, as here, the underlying judgment awarded contractual attorneys fees, the
judgment creditor is entitled to recover attorneys fees incurred in enforcing the
judgment. CCP 685.040.
The amount of attorneys fees sought represents time spent on plaintiffs’ Motion
Objecting to Bond, Plaintiff’s Motion Objecting to Amended Bond, Plaintiff’s Motion
Objecting to Second Amended Bond, Opposition to Defendant’s Motion for
Reconsideration, Plaintiffs’ Motion For Assignment Order and Plaintiff’s Motion for
Imposition of Lien, in the total amount of $37,852. 00. The requested fees are
reasonable and are supported by the Declaration of John Fairbrook and the exhibits
attached thereto.
Defendant has not objected to the reasonableness of the fees and they appear
reasonable on their face.
The prevailing party shall prepare a formal order for the Court’s signature pursuant to
C.R.C. 3.1312.