7
judgment are included as costs collectible under this title if the
underlying judgment includes an award of attorney’s fees to the
judgment creditor pursuant to subparagraph (A) of
paragraph (10) of subdivision (a) of Section 1033.5.”
Section 1033.5, subdivision (a)(10)(A), provides, “The following
items are allowable as costs under Section 1032 . . . [¶] . . .
Attorney’s fees, when authorized by . . . [¶] . . . Contract.”
“Thus, there are two requirements before a motion for an
award of postjudgment attorney fees may be awarded as costs:
(1) the fees must have been incurred to ‘enforce’ a judgment; and
(2) the underlying judgment had to include an award for attorney
fees pursuant to Code of Civil Procedure section 1033.5,
subdivision (a)(10)(A), which provides that attorney fees may be
awarded when authorized by contract.” (Jaffe v. Pacelli (2008)
165 Cal.App.4th 927, 935 (Jaffe); accord, Guo v. Moorpark
Recovery Service, LLC (2021) 60 Cal.App.5th 745, 750 (Guo);
Cardinale v. Miller (2014) 222 Cal.App.4th 1020, 1025
(Cardinale); Globalist, supra, 167 Cal.App.4th at p. 1275.)
“[T]he award of postjudgment attorney fees is not based on
the survival of the contract, but is instead based on the award of
attorney fees and costs in the trial judgment. [Citation.] This is
in accord with the extinction by merger analysis providing that
postjudgment rights are governed by the rights in the judgment
and not by any rights arising from the contract.” (Jaffe, supra,
165 Cal.App.4th at p. 935; accord, Gray1 CPB, LLC v. SCC
Acquisitions, Inc. (2015) 233 Cal.App.4th 882, 890 (Gray1);
Cardinale, supra, 222 Cal.App.4th at p. 1026; Globalist, supra,
167 Cal.App.4th at pp. 1273-1274.) As the Jaffee court explained,
“[W]hen a judgment is rendered on a case involving a contract
that includes an attorney fees and costs provision, the ‘judgment