Saavedra v. City of Glendale CA2/5
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
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