Deadlines/Section 1717: 4/1 DCA Follows Kaufman v. Diskeeper Corp., Agreeing Only Fee Motion Necessary For Purposes Of Recovering Attorney’s Fees

Followed In Unpublished Opinion Issued On April 26, 2016.

     On August 21, 2014, we first posted on Kaufman v. Diskeeper Corp., 229 Cal.App.4^th 1, 8-9 (2014), which held that a costs memorandum did not have to be filed as a condition precedent for purposes of a litigant being able to seek recovery of attorney’s fees. Instead, CRC 3.1702 only requires the filing of a timely motion. We can now report that the Fourth District, Division 1 has followed Kaufman in an unpublished opinion, Campman v. Neborsky, Case No. D068357 (4^th Dist., Div. 1 Apr. 26, 2016) (unpublished), where a litigant won $4,000 in attorney’s fees after a motion for reconsideration brought Kaufman before the lower court’s consideration.