Vincent v. SonkeyAnnotate this Case
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. But attorney fees are not forfeited absent such request when defendant contests a default judgment.
The Court of Appeal reversed the trial court's denial of plaintiff's motion for attorney fees in her lawsuit against defendants. The court concluded, among other things, that plaintiff was not entitled to attorney fees incurred for the period before she obtained the default judgment against defendants because she did not include a request for fees at the time the default judgment was entered. However, the trial court erred by denying attorney fees for plaintiff's successful post-judgment efforts to respond to and defeat defendants' motions to vacate the default judgment. The court remanded for further proceedings.