Rogers v. Nguyen (In re Ribal)

Caution
243 Cal. Rptr. 3d 177·31 Cal. App. 5th 519
Court of Appeal of CaliforniaJanuary 18, 2019G056105California2,359 words

Opinion

Lead Opinion

Moore, J.

*521 We have seen this case before. In 2016, we affirmed the trial court's judgment ordering Lu Tuan Nguyen to return funds to the Conservatorship of the Person and *179 Estate of Joseph E. Ribal. On remand, the trial court awarded attorney fees incurred in enforcing the underlying judgment to Linda Rogers, the conservator, of $43,507.50. Nguyen argues that he has satisfied the underlying judgment, and after reviewing the record, we agree. Because Code of Civil Procedure section 685.080, subd. (a), 1 requires such motions to be made before the judgment is satisfied, we agree with Nguyen that the motion was untimely. We therefore reverse the March 9, 2018 order granting Rogers $43,507.50 in attorney fees.

I

FACTS

The underlying facts are set forth in this court's two prior opinions, In Re Domestic Partnership of Ribal and Nguyen (Mar. 4, 2015, G049594) 2015 WL 998442 [nonpub. opn.]; and In Re Conservatorship of Ribal (Sept. 28, 2016, G052668) 2016 WL 6441171 [nonpub. opn.]. Suffice to say that Ribal and Nguyen were cohabitants, and then domestic partners. Around 2012, the domestic partnership was annulled due to Ribal's lack of capacity, and Rogers was appointed…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.