Cui

DISCUSSION

Cui contends that because we reversed the underlying judgment in Cui I, we must likewise reverse the postjudgment order awarding fees and costs. We agree. “ ‘An order awarding costs falls with a reversal of the judgment on which it is based.’ ” (Allen v. Smith (2002) 94 Cal.App.4th 1270, 1284; see Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1027 (Harris) [an “award of costs necessarily falls with the judgment”]; Gillan v. City of San Marino (2007) 147 Cal.App.4th 1033, 1053 [“Our reversal of the judgment necessarily compels the reversal of the award of fees as costs to the prevailing party based on the judgment.”]; Evans v. Southern Pacific Transportation Co. (1989) 213 Cal.App.3d 1378, 1388 [“Because the award of costs to defendant was incident to the judgment, reversal of the judgment operates to vacate the award.”].) This holds true even when, as here, the judgment was reversed as to fewer than all causes of action. (See Harris, supra, 185 Cal.App.4th at 1021 [reversal of postjudgment fee and cost order required where judgment was reversed as to only one of three causes of action]; Ventas Finance I, LLC

3 v. Franchise Tax Bd. (2008) 165…