Garcia

This case presents the question: Is a plaintiff who obtains a default judgment by written declaration entitled to seek statutory attorney fees by means of a postjudgment motion? We conclude the answer to this question is “No.” A plaintiff electing to proceed by way of a default judgment may recover statutory attorney fees only if a request for those fees is included in *1477 the request for default judgment. Accordingly, we affirm the trial court’s denial of plaintiff Alfredo Garcia’s postjudgment motion for attorney fees.

BACKGROUND

Garcia filed a two-page complaint against defendant Sofia Politis as trustee of the Dimitios and Sofia Politis Trust (defendant) alleging a violation of Civil Code sections 51, 54, and 54.1 based upon defendant’s alleged failure to provide a designated van-accessible handicap parking spot in a parking lot defendant owned. In the prayer for relief, Garcia sought “$4,000 in damages, permanent injunctive relief, attorney’s fees and costs, and all other relief that the Court may deem proper.” A default judgment was entered in favor of Garcia against defendant, awarding Garcia $4,000 in damages and $385 in costs, and ordering defendant to…