Conservatorship of McQueen. In Conservatorship of McQueen

In Conservatorship of McQueen. In Conservatorship of McQueen (2014) 59 Cal.4th 602, the plaintiff won a judgment in a financial abuse of an elder case. The judgment was appealed and the plaintiff prevailed. Welfare and Institutions Code section 15657.5, subdivision (a) provides for an award of attorney fees to a prevailing plaintiff. The plaintiff also brought a separate action in an effort to prevent or reverse defendant's transfer of real property to third persons. The Supreme Court held section 685.080's timeliness requirement for a motion for attorney fees did not apply to attorney fees incurred in defending the judgment on appeal in the conservatorship matter because those fees were incurred in defending the elder financial abuse judgment, not in an effort to enforce the judgment. (Conservatorship of McQueen, supra, 59 Cal.4th at p. 605.) Attorney fees incurred in the separate action, however, were incurred in an effort to enforce the judgment plaintiff obtained in the elder financial abuse case and are subject to the time limit set forth in section 685.080. (Conservatorship of McQueen, supra, 59 Cal.4th at p. 605.)