Cases Under Review: Elder Abuse/Judgment Enforcement Conflicting Scheme Fee Case Set For California Supreme Court Argument In May 2014

 

May 7 Is Scheduled Argument Date.

     We can now report that a fee case involving a conflicting battle between the Elder Abuse and Judgment Enforcement statutory schemes--Conservatorship of the Estate of McQueen (Ida) Taye (Fessha) v. Reed (Carol Veres), S209376 (Poochigian, J., assigned justice pro tempore)—has been scheduled for argument before the California Supreme Court on May 7, 2014 at 1:30 p.m.

     Here is the state supreme court’s issue synopsis on the matter:

“#13-43 Conservatorship of the Estate of McQueen (Ida) Taye (Fessha) v. Reed (Carol Veres), S209376. (A134337; nonpublished opinion; Superior Court of Alameda County; HP05237122.) Petition for review after the Court of Appeal reversed an order granting a motion for post- judgment attorney fees and costs. This case presents the following issue: Is a trial court award of statutorily-mandated fees and costs incurred on appeal subject to the Enforcement of Judgments Statutes (Code Civ. Proc., § 685.040 et seq.) if the statutory authority underlying the award is the Elder Abuse Act (Welf. & Inst. Code, § 15600 et seq.)?”