Judgment Enforcement/Partition: Judgment Creditor Failed To File Appeal From Partition Distribution Order So As To Challenge Fees Awarded To Successful Party In Partition Action

Also, Judgment Creditor’s Lien Against Other Tenant In Common Did Not Impact Winning Tenant In Common’s Partition Award.

            The Fourth District, Division 1, in Sikes v. Sikes, Case No. D071576 (4^th Dist., Div. 1 June 27, 2018) (unpublished), dealt with a nasty partition fight between brothers where one brother induced another brother to relocate from the East Coast to San Diego, but denied him the use of one of the residences which was a later subject of dissatisfied brother’s partition action. Dissatisfied brother basically won the partition battle against the other brother, obtaining a much more favorable distribution of proceeds from sale of the properties (including attorney’s fees expended under a common benefit theory). However, lo and behold, a judgment creditor of the losing brother—who had a judgment against the losing brother based on a road rage attack incident--tried to claim priority based on his judgment lien, but the trial court decided that the lien could not attach to winning brother’s successful partition award (attaching only to the losing brother’s award). That determination was affirmed on appeal. However, judgment creditor claimed it was improper for winning brother to obtain common benefit fees, but that challenge failed because creditor did not appeal the partition award so as to have standing to contest the fee ruling.