Chelios

Chelios v. Kaye

Bad Law
1990 Cal. App. LEXIS 291·219 Cal. App. 3d 75·268 Cal. Rptr. 38
Court of Appeal of CaliforniaMarch 26, 1990D009314California1,913 words

Opinion

Opinion

Froehlich, J.

Kostas and Susan Chelios appeal from an order denying their motion, made pursuant to Code of Civil Procedure section 685.080, for an award of costs (consisting principally of postjudgment attorney’s fees) incurred in enforcing a judgment.

1. Factual and Procedural Background

On January 9, 1985, a judgment on the Chelioses’ complaint was entered against numerous defendants, including respondents Peter and Mary Kaye, for breach of contract and constructive fraud. The Chelioses were awarded $75,541 as damages, $3,618.88 as interest, plus $32,500 as prejudgment attorney’s fees and $1,510.08 as costs of suit.

On June 14, 1985, an abstract of judgment was recorded against the real property of the judgment debtors. The judgment debtors thereafter formed D.W.G.K. Restaurants, Inc. (the corporation), doing business as Jimmy’s Family Restaurants. On December 12, 1985, the corporation filed chapter 11 bankruptcy. On April 28, 1986, certain real property owned by the corporation was sold free and clear of liens pursuant to an order of the bankruptcy court. The Chelioses’ judgment lien attached to those proceeds.

On September 15, 1988, the bankruptcy court distributed $95,586.27…

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