Givens

At the time the instant judgment was entered Code of Civil Procedure section 685.040 did not allow attorney fees incurred in enforcing a judgment to be included as costs. The section was later amended to allow such fees where the underlying judgment includes an award of attorney fees arising from contract.

Here we hold that an award of attorney fees incurred after the date of the amendment does not constitute a retroactive application of the amended statute to the previously existing judgment. We reverse the order granting the judgment debtor’s motion to tax costs.

Facts

Scott G. Miller sued Arlene and Louis Buchignani and Ronald Levy on an agreement containing an attorney fees clause. The Buchignanis and Levy prevailed at trial, and judgment was entered in their favor for costs and attorney fees totaling $31,405.85 in July of 1989.

The Buchignanis assigned all of their right, title and interest in the judgment to Charles J. Givens in November of 1992.

On September 1, 1993, Givens filed a memorandum of costs seeking, among other items, postjudgment attorney fees in the amount of $20,000. Miller responded with a motion to tax costs. (§ 685.070, subd. (c).) The motion…