Chamales v. Smith

California Court of Appeal Aug 4, 1970 No. Civ. No. 34971Published

Before: Fleming

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Holding. The court held that the trial court did not abuse its discretion in denying a motion for additional attorneys' fees and costs, as the parties' prior settlement agreement intended to resolve all such claims and the mother had the authority to settle these obligations on behalf of her children.

Issues

Whether a stipulated settlement agreement precluded a subsequent claim for attorneys' fees and costs.
Whether a mother has the authority to waive or settle claims for attorneys' fees incurred in enforcing child support obligations.
Whether the trial court abused its discretion in denying an award of attorneys' fees under Civil Code section 137.3.

Disposition. affirmed

Quotations verified verbatim against the opinion

“We think this sequence of events supports the trial court’s conclusion that the parties intended not to seek additional attorneys’ fees in connection with the settlement and stipulated judgment.”

“Settlement is favored in the law, and accord and satisfaction is presumed to cover all controversies between the parties which directly relate to the subject matter of the settlement.”

“An award of costs and attorneys’ fees under section 137.3 rests in the sound discretion of the trial court, and the denial of an award will not be upset on appeal absent a clear showing of abuse of discretion.”

Opinion

FLEMING, J. Helen Chamales, former wife of respondent Clifford Smith, Jr., appeals an order denying her motion for reimbursement for court costs [202]and attorneys’ fees in obtaining a stipulated judgment against Smith in New York.

The background. On 7 August 1961 Mrs. Chamales obtained an order in California requiring Smith to pay her $1,500 a month to support their three children plus amounts to cover the children’s educational and medical expenses. Smith became delinquent in payments, and in March 1964 Mrs. Chamales obtained a California judgment against him for $16,658.14, plus interest, plus $2,364.15 for attorneys’ fees and court costs, plus $1,500 for attorneys’ fees to enforce the judgment in New York or some other competent jurisdiction.

A Virginia judgment for this amount was obtained in February 1965.

Meanwhile Smith continued delinquent under the child support order, and in May 1965 Mrs. Chamales obtained another California judgment for arrearages, this one for $18,489.64, plus interest, plus $500 attorneys’ fees for services in obtaining this second California judgment.

In January 1966 Mrs. Chamales obtained a third California judgment for arrearages, this time for $25,894.15, plus interest, plus attorneys’ fees for $2,604.46 for additional services in connection with the first California judgment and the Virginia judgment, plus $500 attorneys’ fees for services in obtaining this third judgment.

Smith failed to pay these judgments, and in April 1966 Mrs. Chamales brought suit for $49,505.54 on the three California judgments in New York (where Smith had assets). Mrs. Chamales paid a New York law firm $1,000 ($500 retainer and $500 costs) and made a contingent fee agreement with it covering amounts to be collected from Smith.

On 9 September 1966 the parties by “Stipulation and Agreement of Settlement” agreed that the sum owing on the three California judgments, after offsetting credits and charges, amounted to $40,836.34 and that judgment could be entered against Smith for that amount in the New York action. Smith agreed to pay Mrs. Chamales through her New York attorneys $1,750 per month, which was to be applied, first, to pay current obligations for child support, and second, to satisfy the judgment to be entered in New York. Under the settlement agreement Smith agreed to pay $270.15 for costs of the New York action, and he further agreed to pay the fees of the Sheriff of New York County for levying an attachment in the action, sheriff’s fees which, according to Smith’s counsel, amounted to $1,500. The settlement made provision for attorneys’ fees in future disputes but provided no such fees in connection with the settlement itself and the stipulated judgment. In due course judgment was entered in the New York action pursuant to the settlement.

Chamales v. Smith

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