Rogers v. Nguyen (In re Ribal)
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…