Slates

Ronald P. Slates, a professional corporation, appeals from the trial court’s judgment denying him recovery of attorney fees from Alex Gorabi and Gorabi’s business, Angelino Men’s Wear, Inc., under Code of Civil Procedure section 685.040, which permits a judgment creditor such as Slates to recover attorney fees incurred in enforcing a judgment. We affirm.

FACTS AND PROCEEDINGS

In 2006, Sam Ghadrdan sued respondents Alex Gorabi and his business, Angelino Men’s Wear, Inc. Respondents hired Attorney Ronald P. Slates to defend them against Ghadrdan’s lawsuit. Five months later in September 2006, respondents discharged Slates. Following his discharge, Slates sued respondents for his unpaid legal fees. Ghadrdan filed a third party claim in Slates’s lawsuit against respondents. In his third party claim, Ghadrdan asserted that a preliminary injunction issued in his favor in his pending lawsuit against respondents, which barred them from disposing of their assets, gave him priority over Slates to respondents’ assets.

In December 2007, Slates and respondents entered into a stipulated judgment and stay of execution. Respondents thereafter defaulted, and in January 2008 the court…