Wertheim, LLC v. Currency Corp.

BACKGROUND

These appeals involve Wertheim’s three motions for attorney fees incurred in this lawsuit and a separate but related suit. A. Original Action and 2009 Judgment 1. Lawsuit The parties are engaged in dozens of disputes concerning the assignment of royalty rights from third parties. In 2009, a jury found Currency liable to Wertheim for breach of contract and awarded it $38,554.48. (The “original action.”) The trial court entered judgment, including interest and costs, as amended, in the amount of $190,718.48. Both parties appealed, and in May 2012 we affirmed the judgment and issued a remittitur in July 2012. (Wertheim v. Currency Corp. (May 22, 2012, B218547) [nonpub. opn.] (Wertheim I).) 2. First Postjudgment Motion On March 10, 2016, during its enforcement efforts, Wertheim moved for postjudgment attorney fees incurred to date. (The postjudgment motion.) Such a motion must be filed before

3 the subject judgment has been satisfied. (Gray1 CPB, LLC v. SCC Acquisitions, Inc. (2015) 233 Cal.App.4th 882, 891 (Gray1).) The trial court denied the motion as untimely because the availability of an as-yet unpaid appeal bond satisfied the judgment, and any motion for…