Glendale Coal. for Better Gov't v. City of Glendale

Full title: GLENDALE COALITION FOR BETTER GOVERNMENT, Plaintiff and Appellant, v. CITY…

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE

Date published: Dec 27, 2018

B283819 (Cal. Ct. App. Dec. 27, 2018)

Opinion

B283819

12-27-2018

GLENDALE COALITION FOR BETTER GOVERNMENT, Plaintiff and Appellant, v. CITY OF GLENDALE, Defendant and Appellant.

Colantuono, Highsmith & Whatley, Michael G. Colantuono, David J. Ruderman, Jon R. di Cristina; Michael J. Garcia and Christine A. Godinez, for Defendant and Appellant. Benjamin T. Benumof, for Plaintiff and Appellant.

MOOR, Acting P.J.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. BS147376) APPEAL from postjudgment order of the Superior Court of Los Angeles County, James C. Chalfant, Judge. Reversed. Colantuono, Highsmith & Whatley, Michael G. Colantuono, David J. Ruderman, Jon R. di Cristina; Michael J. Garcia and Christine A. Godinez, for Defendant and Appellant. Benjamin T. Benumof, for Plaintiff and Appellant.

____________________

Defendant and appellant City of Glendale appeals from a postjudgment order awarding attorney fees to petitioner and respondent Glendale Coalition for Better Government. This appellate court reversed and remanded the judgment in Glendale Coalition for Better Government v. City of Glendale (Dec. 27, 2018, B281994 [nonpub. opn.]) for further proceedings. "With the judgment vacated, incidental matters, proceedings, or claims based on the judgment are likewise nullified." (9 Witkin, Cal. Procedure (5th ed. 2008) Appeal, § 869, p. 929.) An award of costs, including attorney fees authorized by statute or contract, necessarily falls with the judgment. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1027.) The disposition reversing the judgment also reversed the postjudgment order governing attorney fees. Therefore, the City's appeal from the post-judgment order must be reversed. (See Evans v. Southern Pacific Transportation Co. (1989) 213 Cal.App.3d 1378, 1388 [reversing the judgment operated to vacate the award of costs incident to the judgment, so plaintiff's appeal of order denying motion to tax costs dismissed as moot].)

DISPOSITION

The postjudgment order awarding attorney fees to the Coalition is reversed. The parties are to bear their own costs on appeal.

MOOR, Acting P.J. We concur:

KIM, J.

SEIGLE, J.^*

* Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. --------