Akers

This appeal involves a legal issue of first impression and continuing public interest in the field of civil procedure. Appellant, a licensed collection agency, sued respondents for $2,234.67 on an account owed its assignor, J. Sosnick & Sons. After respondents defaulted, appellant obtained a "Judgment By Default By Clerk" against respondents in the total amount of $2,998.09, including principal, interest, attorney fees and costs of action. Appellant then filed a motion for an award of postjudgment attorney fees, claiming entitlement thereto under Code of Civil Procedure section 685.040 [1] . The court below denied such motion without analysis. Appellant appeals the denial, contending correctly that the applicable standard on a question of law is independent review. ( Estate of Coate (1979) 98 Cal.App.3d 982, 986 .)

Prior to the 1992 amendment of section 685.040, if a trial court judgment included an award of attorney fees, postjudgment attorney fees were not recoverable. ( Imperial Bank v. Pim Electric (1995) 33 Cal. App.4th 540, 557, fn. 13 , 39 Cal.Rptr.2d 432 .) In 1992, section 685.040 was amended to allow attorney fees incurred to enforce a judgment as collectible…