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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 1954

Citation
§ 1954
Parent Document
DeZerega v. Meggs, 99 Cal. Rptr. 2d 366 (2000)
Jurisdiction
California (state)
Effective Date
2000-09-14

Other Sections in This Document (100)

Full Text

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by the original judgment, leaving only the issue of amount for further adjudication. The answer to this question is clearly negative. Plaintiffs’ opposition to the motion for fees scarcely addressed the issue of amount, relying instead on the argument that “defendant is not entitled to attorney’s fees in this matter,” for the asserted reason (among others) that “[n] either party . . . sought to enforce the provisions of a contract with an attorney fee provision.” In the trial court, no one treated the original judgment as having determined any entitlement to fees. The parties’ conduct and the written record belie counsel’s assertion at oral argument that after judgment was entered, nothing remained to be determined but the amount of the fee to be allowed. It follows that the order granting the motion for fees was the only one from which an appeal challenging the award would lie. *45