The California Supreme Court recently rejected a request to review an opinion issued by California’s Second District Court of Appeal in Nash v. Aprea 2023 WL 6399479 (Cal. Ct. App. Oct. 3, 2023), reh’g denied, rev. denied. In doing so, the California Supreme Court endorsed the outcome achieved by Diaz Reus’s Los Angeles partner, Kenneth A. Linzer, Esq. which established a new precedent for awarding attorney’s fees to judgment creditors incurred in enforcing a judgment when the underlying judgment includes an award of attorney’s fees when authorized by statute or contract.
The Nash case established that such judgment enforcement fees are not subject to any limitation or “cap” on the recovery of attorney’s fees contained in the underlying contract, such as the one contained in the California Association of REALTORS® standardized form, used throughout the state by agents and brokers in one of California’s largest industries, real estate.