Stay Tuned if You Want to Know the Answer.
So, you have been served with a notice of entry of judgment in which no new trial motion or JNOV motion is filed (after having prevailed) by either the clerk or another party, what is the time for filing a motion for attorney’s fees (which parallels the time for the adverse party to file a notice of appeal)?
Answer: We believe the clear answer is 60 days. Cal.Rules of Court, rules 3.1702(a), 8.104(a)(1)-(2). However, what happens if the notice of entry is served by mail–does it extend the time to file the fee motion? We think the answer to this one is “no,” because the parallel time for filing a notice fo appeal is not extended because of service of a notice of entry of the judgment or order by mail, express mail, some other form of overnight delivery, or fax. Code Civ. Proc., § 1013(a), (c), (e); Baker v. County of Los Angeles, 2005 WL 2822412 (2005) (unpublished).