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Gray1 CPB, LLC v. SCC Acquisitions, Inc.

169 Cal. Rptr. 3d 906 (2014)

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Gray1 CPB, LLC v. SCC Acquisitions, Inc.

California Court of Appeal

169 Cal. Rptr. 3d 906 (2014)

Facts

Gray1 CPB, LLC (Gray1) (plaintiff) issued a loan to a company owned by Bruce Elieff (defendant). The loan contract stated that Elieff would pay Gray1’s attorneys’ fees in the event that Elieff breached the contract. Elieff defaulted on the loan, and Gray1 obtained a judgment against Elieff in the amount of approximately $9,000,000. The judgment stated that Gray1 was entitled to reimbursement for attorneys’ fees, in accordance with the parties’ agreement. Over the next two years, Gray1 spent more than $3,000,000 in attorneys’ fees seeking to enforce the judgment. Eventually, Elieff presented Gray1 with a cashier’s check for the full amount of the judgment. A letter accompanying the check stated that the judgment was satisfied with that payment. Gray1 accepted the check but did not immediately cash it. Gray1 filed a motion for post-judgment costs, including attorneys’ fees, 12 days later. The day after Gray1 filed the motion, Gray1 deposited the cashier’s check. The trial court denied Gray1’s motion, finding that the motion was not filed before the judgment against Elieff was satisfied in full. Gray1 appealed.

Rule of Law

Issue

Holding and Reasoning (Moore, J.)

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