California, United States of America
The following excerpt is from Miller v. Provost, 26 Cal.App.4th 1703, 33 Cal.Rptr.2d 288 (Cal. App. 1994):
The trial court awarded attorney fees pursuant to an attorney fees provision in the promissory note. Defendants contend plaintiffs are not entitled to such fees because they failed to make a separate noticed motion for fees pursuant to Code of Civil Procedure section 1033.5. Defendants fail [26 Cal.App.4th 1710] to mention an award of attorney fees was made in the court's order granting summary judgment. The judgment which includes a judicial determination of the entitlement to fees satisfies the statutory requirement of a noticed motion. (Wagner v. Shapona (1954) 123 Cal.App.2d 451, 463-464, 267 P.2d 378.)
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