Vincent v. Sonkey

California Court of Appeal Dec 29, 2020 No. B293251Published

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Holding. A plaintiff who fails to request attorney fees at the time of entry of a default judgment forfeits the right to those specific fees, but does not forfeit the right to recover attorney fees incurred in subsequent adversarial proceedings to defend that judgment against motions to vacate.

Issues

Whether a plaintiff forfeits the right to all attorney fees by failing to request them at the time of entry of a default judgment.
Whether attorney fees incurred in defending a default judgment against post-judgment motions to vacate are recoverable when the initial default judgment did not include a fee request.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“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.”

Filed 12/29/20 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

MARTHA VINCENT, 2d Civ. No. B293251 (Super. Ct. No. 56-2017- Plaintiff and Appellant, 00494659-CU-OR-VTA) (Ventura County) v.

REPRUDENTIA SONKEY et al.,

Defendants and Respondents.

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.) 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

Vincent v. Sonkey

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

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