Nash v. Aprea (2023)

Citation: Nash v. Aprea (2023)
Parent Document: Nash v. Aprea (2023)
Jurisdiction: California (state)
Effective Date: 2023-10-03
Original Source: https://www.courtlistener.com/opinion/9430076/nash-v-aprea/ ↗

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extinguishes all further contractual rights, including the
contractual attorney fees clause.’” (Jaffe, at p. 934; accord,
Cardinale, at p. 1026.) Accordingly, “we look to the judgment
rather than the contract itself when determining a party’s
entitlement to fees.” (Guo, supra, 60 Cal.App.5th at p. 751.)5
       Under section 685.080, a judgment creditor may claim costs
of enforcement, including allowable attorneys’ fees, by filing and
serving on the judgment debtor a motion describing the claimed
costs, supported by an affidavit of a knowledgeable person, upon
which the court must make “an order allowing or disallowing the
costs to the extent justified under the circumstances of the case.”
(§ 685.080, subd. (c).)6

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