Garcia v. Politis

Opinion

WILLHITE, J.

This case presents the question: Is a plaintiff who obtains a default judgment by written declaration entitled to seek statutory attorney fees by means of a postjudgment motion? We conclude the answer to this question is “No.” A plaintiff electing to proceed by way of a default judgment may recover statutory attorney fees only if a request for those fees is included in *1477the request for default judgment. Accordingly, we affirm the trial court’s denial of plaintiff Alfredo Garcia’s postjudgment motion for attorney fees.

BACKGROUND

Garcia filed a two-page complaint against…