Attorney Fees Incurred To Enforce A Judgment For Attorney Fees Obtained Under Anti-SLAPP Statute Recoverable As Costs.

The trial court denied a request for attorney fees incurred in enforcing a judgment for fees awarded for the successful defense of a SLAPP suit [Strategic Litigation Against Public Participation; Code of Civil Procedure section 425.16].  On appeal, the losing party argued she was entitled to a fee award pursuant to Code of Civil Procedure section 685.040, which authorizes an award for enforcement of judgments not only where provided for in a contract, but also in cases where such fees are otherwise provided by law. In reversing, the appellate court quoted from Ketchum v. Moses (2001) 24 Cal.4th 1122, [104 Cal.Rptr.2d 377, 17 P.3d 735]: “Under its provisions, a litigant entitled to costs for successfully enforcing a judgment is entitled to costs, but not attorney fees unless there is some other legal basis for such an award. Because Code of Civil Procedure section 425.16, subdivision (c), provides a legal right to attorney fees, they are a permissible item of costs,” clarifying that despite the statement’s location in a footnote, it is not dictum. The appellate court concluded: “Because the Supreme Court has already determined that attorney fees incurred in the enforcement of an anti-SLAPP attorney fee award are recoverable costs under [Code of Civil Procedure] section 685.040, both the trial court and we are bound by that determination.” (York v. Strong (Cal. App. Fourth Dist., Div. 3; March 10, 2015) 234 Cal.App.4th 1471, [184 Cal.Rptr.3d 845].)