Can an appellate court review a determination of the entitlement to fees in a judgment even if there is no postjudgment order determining the amount of fees?

California, United States of America


The following excerpt is from Grode v. Rotondo, B221056, B223528 (Cal. App. 2012):

"Grant did not hold, however, that an appellate court could review a determination of the entitlement to fees in a judgment even if there were no postjudgment order determining the amount of fees. To the contrary, Grant reasoned, in part, that, if the postjudgment order had to be appealed separately, 'we could review only part of the judgment from which the appeal was taken and in essence rule upon a judgment containing blanks. We see no policy reason favoring that approach and respondents have not cited any authority requiring us to follow it.' (Grant v. List & Lathrop, supra, 2 Cal. App. 4th at p. 997.) Moreover, Grant noted that an appellant seeking review of an attorney's fee award has the option of appealing either from the judgment or from the postjudgment order. Thus, it suggested that the scope of the review would be the same under both scenarios.

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