Gray1 CPB, LLC v. SCC Acquisitions, Inc.
Annotate this CaseGray1 CPB, LLC (Gray1), obtained a judgment against defendants SCC Acquisitions and Bruce Elieff. Almost two years later, defendants paid the amount of the outstanding judgment and accrued interest with a cashier's check. In the interim, Gray1 allegedly incurred more than $3 million in attorney fees in an effort to enforce its judgment. The fees were largely incurred in litigating a separate action against Elieff in an effort to untangle what Gray1 asserted were a number of fraudulent transactions resulting in the placement of fraudulent liens on Elieff's real property as part of a scheme to insulate Elieff's properties from the judgment. According to Gray1, it was only when it appeared the separate action was imminently headed toward resolution in Gray1's favor that defendants gave Gray1 the cashier's check to pay the judgment. Gray1 did not immediately cash the check. It held onto the check long enough for its attorneys to file a motion for postjudgment costs, including attorney fees. Once deposited, the issuing bank honored the check. A motion for postjudgment costs (including attorney fees) must "be made before the judgment is satisfied in full." The trial court denied Gray1's motion for postjudgment costs, finding the motion was made after the judgment had been fully satisfied. Gray1 appealed. The issue for the Court of Appeal's review was whether the judgment paid with a cashier's check was deemed satisfied. Because Gray1's motion for attorney fees incurred in a separate action to enforce its judgment in the underlying matter was not filed before defendants paid Gray1 with a certified cashier's check accepted by Gray1 and in an amount in excess of the full judgment (including awarded attorney fees and accrued interest), Gray1's motion was untimely and properly denied by the superior court.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.