Vincent v. Sonkey, 2d Civ. No. B293251
| Court | California Court of Appeals |
| Writing for the Court | GILBERT, P. J. |
| Citation | 273 Cal.Rptr.3d 285,59 Cal.App.5th 160 |
| Parties | Martha VINCENT, Plaintiff and Appellant, v. Reprudentia SONKEY et al., Defendants and Respondents. |
| Decision Date | 29 December 2020 |
| Docket Number | 2d Civ. No. B293251 |
59 Cal.App.5th 160
273 Cal.Rptr.3d 285
Martha VINCENT, Plaintiff and Appellant,
v.
Reprudentia SONKEY et al., Defendants and Respondents.
2d Civ. No. B293251
Court of Appeal, Second District, Division 6, California.
Filed December 29, 2020
Barry E. Cohen, A Professional Corporation, Barry E. Cohen for Plaintiff and Appellant.
No appearance for Defendants and Respondents.
GILBERT, P. J.
When a plaintiff requests entry of judgment by default, a request for attorney fees must be made at the same time or the fees are forfeited. ( Garcia v. Politis (2011) 192 Cal.App.4th 1474, 1479, 122 Cal.Rptr.3d 476.) But attorney fees are not forfeited absent such request when defendant contests a default judgment.
Plaintiff Martha Vincent appeals an order denying her motion for attorney fees in her lawsuit against defendants Reprudentia Sonkey and Whitenicious, Inc. (collectively "Sonkey"). We conclude, among other things, that Vincent was not entitled to attorney fees incurred for the period before she obtained the default judgment against the defendants because she did not include a request for fees at the time the default judgment was entered. But the trial court erred by denying attorney fees for Vincent's successful post-judgment efforts to respond to and defeat Sonkey's motions to vacate the default judgment. We reverse and remand.
FACTS
Vincent filed and served a summons and complaint for her breach of contract lawsuit against Sonkey. She alleged "Sonkey and Whitenicious are alter egos of one another." Sonkey breached the contract (a written lease) by, among other things, failing to pay rent. The lease contained an attorney fee provision for the prevailing party.
Sonkey did not file an answer to the complaint. Vincent obtained a default judgment in her favor for $123,463. Vincent did not request attorney fees.
Sonkey filed a motion to set aside the default judgment. The motion was based on facts Sonkey stated in an attached declaration. She claimed, among other things, that there was a "lack of actual notice in time to defend the action." (Emphasis deleted.) Vincent filed an opposition to the motion.
The trial court granted Sonkey's motion. On May 3, 2018, she filed an answer to the complaint.
Vincent filed a motion for reconsideration of the trial court's decision to set aside the default judgment. Sonkey filed an opposition.
On July 7, 2018, the trial court granted Vincent's motion for reconsideration. The court found Vincent had presented new evidence that called into question facts stated in Reprudentia Sonkey's declaration. It said, "Upon reconsideration, the court strikes Ms. Sonkey's declaration based on her lack of veracity ...." (Italics added.) The court reinstated the default judgment and struck Sonkey's answer.
On July 20, 2018, Sonkey filed a motion for reconsideration of the trial court's July 7th order. She claimed there were "new or different facts and circumstances" that required the default judgment to be vacated.
In August 2018, Vincent filed an opposition to Sonkey's motion.
The trial court denied Sonkey's motion for reconsideration. It said, "The Court lacks jurisdiction to grant the motion because Defendants fail to present any new or different facts, circumstances, or law, and a satisfactory explanation for the failure ... to produce that evidence at an earlier time, as required in support of a motion for reconsideration."
Vincent's Attorney Fee Motion
On August 20, 2018, Vincent filed an attorney fee motion seeking "legal fees of a least $40,000." She noted that the lease which formed the basis for this lawsuit had an attorney fee provision for the prevailing party. It provided, in relevant part, "In any action or proceeding arising out of this
Agreement, the prevailing party between Landlord and Tenant shall be entitled to reasonable attorney fees ...." Vincent contended that because she had prevailed, she was entitled...
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United Grand Corp. v. Stollof, B305146
...608.) We agree. A case in which a defendant's default has been taken necessarily has no adversarial quality. (Vincent v. Sonkey (2020) 59 Cal.App.5th 160, 164.) A default judgment is, effectively, a debt which is owed. Thus, a defendant who tenders payment of a default judgment is in the sa......
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United Grand Corp. v. Stollof, B305146
...608.) We agree. A case in which a defendant's default has been taken necessarily has no adversarial quality. (Vincent v. Sonkey (2020) 59 Cal.App.5th 160, 164.) A default judgment is, effectively, a debt which is owed. Thus, a defendant who tenders payment of a default judgment is in the sa......