Thursday, February 5, 2015

A McQueen Bullitt Dodged

Gray1 CPB LLC v. SCC Acquisitions, No. G04729A (D4d3 Jan. 27, 2015)

I wrote about this collections case when it was originally decided back in April of 2014. The Supreme Court subsequently granted review and held the case pending its decision in Conservatorship of McQueen, 59 Cal. 4th 602 (2014), which ultimately held that a motion to add attorneys’ fees to a judgment must be filed before the judgment is satisfied. This opinion is on a remand to reconsider in light of McQueen. But the crux of the original decision was that under the UCC rules that govern settlement of check payments, the judgment was actually satisfied when the creditor failed to refuse a cashier’s check as payment. So McQueen does not do any good for the creditor here, because, even under McQueen, the creditor moved for fees after satisfaction was accomplished.


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