Conservatorship of McQueen CA1/4

I.

INTRODUCTION

For the second time, we review this case involving $56,974.50 in attorney fees and costs (collectively fees) awarded to plaintiff Fessha Taye, conservator for a mentally and physically disabled elder. Plaintiff, on behalf of his conservatee, prevailed in an action against defendant Carol Veres Reed finding defendant liable for financial abuse of an elder; and we affirmed that judgment on appeal. (Conservatorship of McQueen (Mar. 14, 2011, A126825 [partial pub. opn.] McQueen I.) Defendant then paid the $402,000 judgment, including interest, in full. Thereafter, pursuant to the fee-shifting provision of the Elder Abuse and Dependent Adult Civil Protection Act (Elder Abuse Act) (Welf. & Inst. Code, § 15657.5, subd. (a)), the trial court awarded plaintiff an additional $56,974.50 in fees. The $56,974.50 represented two categories of fees––for being the

1 prevailing party in the appeal in McQueen I, as well as fees incurred in bringing a fraudulent transfer action against defendant. In the first appeal in this case, we held plaintiff’s fee request was untimely under the Enforcement of Judgments Law (EJL) (Code Civ. Proc., § 685.080, subd. (a)) by virtue of the fact…