Rogers v. Nguyen (In re Ribal)

243 Cal. Rptr. 3d 177, 31 Cal. App. 5th 519
CourtCalifornia Court of Appeal, 5th District
DecidedJanuary 18, 2019
DocketG056105
StatusPublished
Cited by13 cases

This text of 243 Cal. Rptr. 3d 177 (Rogers v. Nguyen (In re Ribal)) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rogers v. Nguyen (In re Ribal), 243 Cal. Rptr. 3d 177, 31 Cal. App. 5th 519 (Cal. Ct. App. 2019).

Opinion

MOORE, ACTING P. J.

*521We 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 *179Estate 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 conservator.

*522In 2014, Rogers filed a petition against Nguyen seeking return of conservatorship property and damages for financial and physical elder abuse. Rogers prevailed, and according to the court's statement of decision: "The total amount of the damages awarded against NGUYEN are $179,982 ...."2 The court's January 5, 2015 minute order (the 2015 order) reflected the same total due from Nguyen to Rogers. The amount awarded was $115,991 in uncollected costs and rents, minus an offset of $36,000, for a net of $79,991; "this amount doubled" $159,982; personal injury damages of $20,000, for a "total" of $179.982, plus costs and fees to be determined.

When this was memorialized in a proposed judgment drafted by Rogers, however, the "double damages" of $159,982 were listed separately from the $79,991 amount. While the judgment does not state the $159,982 was additive rather than subsuming the $79,9913 in actual damages, Rogers has been treating the judgment as if it did. She has persistently advanced the theory, including in this appeal, that the total underlying judgment was not $179,982, as set forth in the 2015 order and the statement of decision, but $79,991 more, or $259,973.

The court signed the proposed judgment on May 27, 2015 (the judgment). The record reflects that Rogers was subsequently awarded $32,538 in costs and $64,075 in attorney fees. This court affirmed the judgment on appeal.

On remand, Rogers moved for an award of $45,807 in attorney fees incurred in enforcing the underlying judgment. Rogers argued that to collect the judgment, she had been required to garnish Nguyen's wages, levy his bank accounts, and obtain various writs in Hawaii and California. In opposition, Nguyen stated the principal amount of the judgment was $179,982. Thus, he argued the judgment had been satisfied based on what he had paid thus far. Rogers could not, he argued, recover enforcement fees under the relevant statute.

*180In a supplement to her moving papers, Rogers argued that the total amount outstanding, including previously awarded fees, costs, and postjudgment interest, was $54,554.

The trial court granted the motion for fees. The court noted the two competing theories as to the amount of the underlying judgment: "In his original opposition to this motion, and in his supplemental papers, Nguyen argues the judgement had been fully satisfied (and more than satisfied) because *523Rogers has been 'misrepresenting' the amounts awarded thereunder. More specifically, Rogers calculates the principal amount owing on the Judgment by separately including 'Compensatory Damages' of $79,991 ... and 'Double Damages' of $159,982 .... By contrast, Nguyen argued the 'Double Damages' (apparently awarded under Probate Code section 859 ) subsumed the 'Compensatory Damages' (apparently the value of the assets to be returned by Nguyen, less offsets found by the court)."

The court continued: "Nguyen's position has some support in a Minute Order issued by the trial judge on 01/05/15, in which the judge calculated Nguyen's total liability to be $179,982 ... 'Plus costs and attorneys' fees to be determined.' That calculation also appears consistent with the judge's final Statement of Decision issued 04/08/15. However, the actual Judgment entered 05/27/15 appears to depart from those earlier calculations, or at least suggests they were ambiguous. The Judg[ ]ment instead indicates the 'Double Damages' of $159,982 ... were in addition to the 'Compensatory Damages' of $79,991 ... (after offset). The court is now persuaded that this motion is not a proper mechanism to reexamine the Judgment. Whatever potential inconsistency may exist between the trial judge's earlier statements and the ultimate Judgment, this is not a motion to amend, correct, or vacate the Judgment. This is not an appeal from the Judgment (though one was taken by Nguyen)."

Nguyen now appeals.

II

DISCUSSION

Nguyen's Briefing

Rogers takes pains to point out that Nguyen's brief (he submitted only an opening brief) is, to put it plainly, a disaster. We agree; it is largely a cobbled together cut-and-paste of treatise law. Nonetheless, it is our role to review the arguments he has attempted to make and evaluate them to the best of our ability based on the record before us. While we have the discretion to deem certain arguments waived based on poor briefing, we are not required to do so. Here, Nguyen's arguments were clear and intelligible enough for Rogers to understand and respond to in her own brief. Thus, we deem it in the interests of justice to address Nguyen's arguments on the merits.

Standard of Review and Relevant Law

While the amount of an attorney fee award is left to the trial court's sound discretion, the entitlement to fees is a matter we review under the de novo *524standard. ( Chodos v. Borman (2014) 227 Cal.App.4th 76, 91, 173 Cal.Rptr.3d 266.)

Judgment creditors may claim authorized costs incurred while enforcing a judgment, and when attorney fees are awarded after trial, those amounts include attorney fees. (§§ 685.040, 685.090.) A motion for such fees, however, must be made before the judgment is satisfied in full. ( § 685.080, subd. (a).)

*181

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Bluebook (online)
243 Cal. Rptr. 3d 177, 31 Cal. App. 5th 519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-nguyen-in-re-ribal-calctapp5d-2019.