Day

Montie S. Day appeals a judgment of the Alameda County Superior Court dismissing his complaint against respondents Christina Juris Papadakis and George Papadakis following the grant of summary judgment on the complaint and its severance from a cross-complaint filed by respondents. Appellant challenges the award of attorneys’ fees to respondents, contending that entry of judgment on the complaint alone violated the one final judgment rule, that the court erred in designating respondents as the prevailing party, and that fees awarded were excessive and unsupported by the evidence. As we explain below, we believe the court erred in entering final judgment on the complaint where a cross-complaint was pending. We repudiate the view that our opinion in Schonfeld v. City of Vallejo (1975) 50 Cal.App.3d 401 [ 123 Cal.Rptr. 669 ], created a new exception to the one final judgment rule based upon severance alone. Hence, the award of attorneys’ fees was premature and must await resolution of the issues raised in the cross-complaint.

Statement of the Facts/Statement of the Case

In February 1979, respondents Christina and George Papadakis sued appellant Montie Day, Bruce Zelis, and…