Filed 12/27/18 Saavedra v. City of Glendale CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE
| JUAN SAAVEDRA et al.,
Plaintiffs and Respondents,
v.
CITY OF GLENDALE,
Defendant and Appellant.
| B283731
(Los Angeles County Super. Ct. No. BC539160)
|
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.
Schwartz, Steinsapir, Dohrmann & Sommers, D. William Heine and Daniel E. Curry, for Plaintiffs and Respondents.
__________________________
Defendant and appellant City of Glendale appeals from a postjudgment order awarding attorney fees to petitioners and respondents Juan Saavedra and the International Brotherhood of Electrical Workers Local 18, AFL-CIO (collectively the Union). This appellate court reversed and remanded the judgment in Saavedra v. City of Glendale (Dec. 27, 2018, B281991 [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 postjudgment 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 Union is reversed. The parties are to bear their own costs on appeal.
MOOR, Acting P.J.
We concur:
KIM, J.
SEIGLE, J.*
