Legal Question in Credit and Debt Law in California

I prevailed in a collection case some time ago now on a former tenant and now when I had a writ and levy put on the judgment debtor's real property (land), the debtor's attorney filed a third party claim for possessory interest (CCP720.110) to have the writ and levy stopped. The Judge's order said he found the the attorney/third party claimant had a secured interest (i.e. per CCP720.210, not 720.110, if I am not mistaken and is not appropriately applicable) and therefore the judge said a valid third party claim (nothing said about the possessory interest under CCP720.110 and for this and the order affirming a statute of limitations without accounting for accrual and tolling, this is being appealed). Then the attorney/third party claimant filed a memorandum of costs for me (the prevailing party in the civil case) to pay the attorney's costs (where he included all of his and his client's costs, which were for 'copies made' and 'transcripts' for he and his client's examinations). The judge's order then awarded this attorney all of his claimed costs under CCP section 1033(a), stating the costs are available to the prevailing third party. So, my question is, does CCP section alone authorize costs and aren't those costs limited to the third party himself, not his client's costs, and aren't they restricted under 1033.5 (i.e. no transcript costs if not ordered by court and no copies); lastly, does the third party claimant claiming a (possessory) interest in real property qualify as a "prevailing party" (and meets the definition given in CCP 1032(a)(4)?) (The judge is Stoelker in SCCSCourt and I think I am going to have to file a motion in the appellate court to have this costs order added to the prior order already under appeal)


Asked on 10/25/14, 12:42 pm

1 Answer from Attorneys

Your situation and issues are much too complicated for a free internet Q&A. You are going to have to consult a local attorney in person to deal with this.

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Answered on 10/27/14, 11:28 am


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