9th Circuit Holds Rule 69(a) Applies in Motion for Attorney's Fees

Per Carnes v. Zamani, 488 F.3d 1057, 07 Cal. Daily Op. Serv. 6419, 2007 Daily Journal D.A.R. 8089 (9th Cir.(Cal.) Jun 04, 2007) (NO. 05-15084):

Rule 69(a) governs the procedure that applies to the enforcement of a money judgment in federal court. It provides, in pertinent part:

The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with the practice and procedure of the state in which the district court is held, existing at the time the remedy is sought, except that any statute of the United States governs to the extent that it is applicable.

Fed.R.Civ.P. 69(a). By its plain language, Rule 69(a) applies to "proceedings supplementary to and in aid of a judgment." We have not previously considered whether a post-judgment fee motion constitutes a "proceeding[ ] supplementary to and in aid of a judgment." The Supreme Court "has indicated that motions for costs or attorney's fees are 'independent proceeding[s] supplemental to the original proceeding....' " Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 395, 110 S.Ct. 2447, 110 L.Ed.2d 359 (1990) (alteration in original) (quoting Sprague v. Ticonic Nat'l Bank, 307 U.S. 161, 170, 59 S.Ct. 777, 83 L.Ed. 1184 (1939)). If a motion for fees incurred in obtaining a judgment is considered a supplemental proceeding, it follows that a motion for fees incurred in enforcing a judgment can also be characterized as a supplementary proceeding. Thus, Rule 69(a) applies to the Carneses' fee motion.

Rule 69(a) requires the court to apply state law to "proceedings supplementary to and in aid of a judgment" unless there is a federal statute that would apply. Because there is no applicable federal statute, California procedural law applies to the Carneses' fee motion. Because this is a diversity action, California substantive law also applies to the Carneses' fee motion.