Anderson v. Kellogg
This appeal arises from appellant Victoria Kelloggs attempt to collect costs, including attorneys fees, incurred in enforcing a judgment against respondent Lowell F. Anderson. On July 5, 2000, Kellogg obtained a judgment in her favor that included an award of attorneys fees in the amount of $22,566.92. Anderson failed to satisfy the judgment and Kellogg filed a motion seeking attorneys fees and costs incurred in her efforts to enforce the judgment. After Kellogg filed the motion, but before the motion was granted on March 27, 2006, Anderson satisfied the judgment. Thereafter, in a memorandum of costs filed June 8, 2006, Kellogg claimed that she had incurred additional attorneys fees in enforcing the judgment. In August 2007, Kellogg filed another motion for attorneys fees and costs for enforcement efforts made after June 8, 2006. In this motion, she also sought a writ of execution in an amount that included (1) the attorneys fees and costs awarded pursuant to the March 27, 2006 order, (2) the attorneys fees claimed in her June 8, 2006 memorandum of costs, and (3) the attorneys fees and costs for enforcement efforts after June 8, 2006. The trial court denied the motion in an order filed November 26, 2007.
The November 26, 2007 order is reversed and the trial court is directed on remand to hold a hearing limited to the issue of whether appellant Victoria Kellogg can make the showing required for issuance of a writ of execution to enforce the March 27, 2006 order, including a showing of the total amount of money awarded under the March 27, 2006 order. ( 699.520.) The parties may submit additional evidence and argument at this
hearing. If Kellogg makes the required showing, then the trial court shall direct the clerk of the court to issue a writ of execution to enforce the March 27, 2006 order.
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