Is a prejudgment order denying a motion for attorney fees appealable?

California, United States of America


The following excerpt is from Christie v. Ridge, 2d Civ. No. B259189 (Cal. App. 2019):

Although a prejudgment order denying a motion for attorney fees is not appealable (Meyers v. Guarantee Sav. & Loan Assn. (1978) 79 Cal.App.3d 307, 313), appellate courts typically will treat an appeal from the prejudgment order as being taken from the subsequently entered final judgment. ( 904.1, subd. (a)(1); see Grant v. List & Lathrop (1992) 2 Cal.App.4th 993, 997.) The problem here is that appellants appealed neither the minute order nor the first amended judgment. Consequently, we lack jurisdiction to consider their challenge to the denial of the fee motion. (See 906; In re Marriage of Weiss (1996) 42 Cal.App.4th 106, 119.)

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