Chen v. Valstock Ventures, No. A161885 (D1d4 July 29, 2022).
This is a landlord/tenant case where both parties sued each other on both contract and tort theories. The Tenants wona summary adjudication of their declaratory relief claim on the contract. But the tort claims are still being litigated. Nonetheless, the Tenants moved for, and obtained an award of attorneys’ fees under Civil Code § 1717. That, however, was premature. Attorneys fees need to be sought after judgment is entered. See Cal. R. Ct. 3.1702(b) (fee motion to be filed within the time to file notice of appeal). And a order granting summary adjudication is not a judgment.
Reversed.
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