Equity: Economic Duress Doctrine Supports No Award Of Post-Judgment Collection Fees In Dissolution Action Involving, Yes, A $20,000 Marital Settlement Agreement Sum

Husband Was Forced To Pay Off Exorbitant Fee Judgment Lien Amounts, With Equity Coming To The Rescue!

            We wish all of our readers Happy Holidays as we come to the close of an interesting year.

            Although involving convoluted facts and procedural history, Marriage of White & Hunter, Case No. A157398 (1^st Dist., Div. 2 Dec. 23, 2020) (unpublished) goes to show you how the equities do play a part in attorney’s fees disputes, ironically involving substantial post-judgment fee collection requests relating to a $20,000 marital settlement debt.  In the end, the economic duress doctrine rescued ex-husband, because the record supported the lower court’s conclusion that he had to pay off an exorbitant judgment lien, mainly attorney’s fees, in order to close a property escrow where he faced liability no matter which way he turned.  Given this lack of choice, duress came to rescue the day and relieve him from paying attorney’s fees which grew in number over a substantial number of years.  (Hester v. Public Storage, 49 Cal.App.5^th 666, 679 (2020); Rich & Whillock, Inc. v. Ashton Development, Inc., 157 Cal.App.3d 1154, 1159 (1984).)