GARCIA v. POLITIS

No. B224453.

192 Cal.App.4th 1474 (2011)

ALFREDO GARCIA, Plaintiff and Appellant, v. SOFIA POLITIS, as Trustee, etc., Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

February 25, 2011.


Attorney(s) appearing for the Case

Morse Mehrban for Plaintiff and Appellant.

No appearance for Defendant and Respondent.


OPINION

WILLHITE, J.

This case presents the question: Is a plaintiff who obtains a default judgment by written declaration entitled to seek statutory attorney fees by means of a postjudgment motion? We conclude the answer to this question is "No." A plaintiff electing to proceed by way of a default judgment may recover statutory attorney fees only if a request for those fees is included in

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