Cases: Deadlines

Deadlines, Lodestar, Probate, Reasonableness Of Fees: In Probate Quabble, $63,958.75 To A Prevailing Party For Appeal Fees Was No Abuse Of Discretion

Cases: Deadlines, Cases: Lodestar, Cases: Probate, Cases: Reasonableness of Fees

Payment By Appellant Did Not Waive Appeal Rights; Trial Court Implicitly Extended Fee Motion Filing Deadline Due To Docketing Issues. In Skytte v. Skytte, Case No. G064930 (4th Dist., Div. 3 Jan. 26, 2026) (unpublished), a probate dispute among certain family members may be approaching a close after an award of appellate attorney’s fees of […]

Deadlines, Fees As Damages: Former Counsel In Contempt Proceeding For A Prevailing Party Was Entitled To A Fee Award Under CCP § 1218

Cases: Deadlines, Cases: Fees as Damages

Fee Request Was Reduced, But Lower Court Found That Prevailing Party’s Subsequent Counsel’s Withdrawal Of A Prior Timely Fee Motion Allowed Former Counsel A Reason To Still Have It Heard In The Lower Court’s Discretion.                In Vista Land, LLC v. Robinson, Case No. B331975 (2d Dist., Div. 3 June 26, 2025) (unpublished), defendants were

Deadlines, Family Law: Ex-Wife’s Challenge To $193,000 In Attorney’s Fees Under Family Code Section 271 Or Contractual Marital Stipulation Fee Clause Affirmed On Appeal

Cases: Deadlines, Cases: Family Law

Although Notice Of Motion For Appellate Fees Was Untimely, Record Showed That The Lower Court Granted An Extension Request To Ex-Husband As Moving Party.                In Marriage of Richards, Case Nos. G062449 et al. (4th Dist., Div. 3 June 13, 2025) (unpublished), ex-wife appealed a Family Code section 271 sanctions and contractual marital stipulation fee

Deadlines: Prevailing Litigant In An Appeal Has 40 Days From Issuance Of Remittitur To File A Fee Motion Under CRC 8.278(c)(1)

Cases: Deadlines

Deadline Runs From Issuance, Not Extended For The Service Of The Remittitur.                In Wash v. Banda-Wash, Case No. F085028 (5th Dist. Feb. 3, 2025) (partially published), the Fifth District decided that a litigant prevailing on appeal has 40 days after issuance of the remittitur to file a fee motion under CRC 8.278(c)(1), a firm

Deadlines: Where Notice Of Superior Court’s Notice Of Decision In A De Novo Appeal Of An Administrative Citation Was File-Stamped And Mailed To The Parties In A Limited Superior Court Case, City Had 30 Days To File A Fees And Costs Motion

Cases: Deadlines

City Blew The 30-Day Deadline, Thinking The Longer 90-Day Period Applied.                If you are involved in a de novo appeal of an administrative order in a superior court limited case, you need to be extra diligent in observing deadlines to file motions for fees and costs because the deadlines are smaller.  Particular attention needs

Deadlines: Plaintiff Dismissing Certain Defendants Without Prejudice Triggered 60 Day Rule To Bring Attorney’s Fees Motion

Cases: Deadlines

Plaintiff Failed To Timely File A Fee Motion 60 Days After Dismissal Was Entered.                With no need to go through the details, Animal Protection and Rescue League, Inc. v. Marengo, Case No. D082607 (4th Dist., Div. 1 Dec. 16, 2024) (unpublished) should remind practitioners filing a dismissal without prejudice on behalf of a plaintiff

Deadlines, Reasonableness Of Fees: Make Sure You File/Serve Fee Oppositions Correctly And On Time

Cases: Deadlines, Cases: Reasonableness of Fees

Also, Admissions In Appellate Brief Extension Requests Can Undermine A Claim That Fees Were Unreasonable Based On Non-complexity.                Currency Corp. v. Wertheim, LLC, Case No. B326827 (2d Dist., Div. 1 Nov. 5, 2024) (unpublished), where a substantial appellate fee award of $338,535 was sustained on appeal in favor of prevailing respondents, has some lessons

Deadlines, Family Law, Judgment Enforcement: Attorney’s Fees Judgment Under Family Code Section 2030 Not Barred By Normal 10-Year Enforcement Period

Cases: Deadlines, Cases: Family Law, Cases: Judgment Enforcement

Family Code Section 291(b) So Specifies.                   In Marriage of Shayan, Case No. B323455 (2d Dist., Div. 8 Oct. 25, 2024) (published), the appellate court affirmed a lower court’s conclusion that an attorney’s fees judgment under Family Code section 2030 was not governed by the normal 10-year enforcement period for most monetary

Allocation, Deadlines, Family Law: $72,776.25 Appellate Fee Award To Ex-Husband For Ex-Wife’s Breach Of Fiduciary Duties Affirmed On Appeal, Although Husband Lost Section 271 Sanction Request

Cases: Allocation, Cases: Deadlines, Cases: Family Law

Lower Court Impliedly Extended The Fee Filing Deadline, With The Failure To File An Income/Expense Statement Found Nonprejudicial In Nature.                Bryan v. Bryan, Case No. E080311 (4th Dist., Div. 2 July 1, 2024) (unpublished) is a case where ex-husband was awarded $72,776.25 in appellate fees (out of a requested $90,000) for winning an appeal

Costs, Deadlines, Probate, Reasonableness Of Fees, Special Fee Shifting Statutes: $175,252.50 Fee Award Under Financial Elder Abuse Statute Affirmed On Appeal

Cases: Costs, Cases: Deadlines, Cases: Probate, Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

Fee Request Reduced Down From $203,865; Two Awarded Routine Costs Components Remanded For A Further Hearing.                In Thompson v. Ito, Case No. G061437 (4th Dist., Div. 3 June 12, 2024) (unpublished), a defendant losing a trust undue influence case and determined to have committed financial elder abuse was hit with an adverse attorney’s fees

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