Cases: Deadlines

Deadlines, Family Law: Appellate Fees Properly Denied As Untimely And Marital Settlement Agreement Fees Denied To Ex-Wife, But Needs-Based Fees Had To Be Revisited

Cases: Deadlines, Cases: Family Law

Lack Of Family Code Section 2030 Findings Constituted An Abuse Of Discretion. In Marriage of Tran and Ha, Case No. G064047 (4th Dist., Div. 3 Feb. 17, 2026) (unpublished), ex-wife’s requests for two sets of fees (which were denied) did not result in a relook on appeal, but her request for non-appellate, needs-based fees had […]

Deadlines: Failure Of Losing Plaintiff to File A Motion To Tax Trial And Appellate Costs Waived Challenges To Routine Costs Entered By The Clerk

Cases: Deadlines

Lower Court Implicitly Extended The Deadline When Plaintiff’s Attorney Indicated Not Receiving The Trial Cost Memorandum (Which Was Cured), With Plaintiff Also Not Showing The Allowed Costs Were Improper—No Reversible Error. In Kirk v. Quirino, Case No. B340782 (2d Dist., Div. 7 Feb. 11, 2026) (unpublished), plaintiff lost a car accident case, with the lower

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 In Skytte v. Skytte, Case No. G064930 (4th Dist., Div. 3 Jan. 26, 2026) (unpublished), a probate dispute among certain family members may be approaching a close after an award of appellate attorney’s fees of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                In Vista Land, LLC v. Robinson, Case No. B331975 (2d Dist., Div. 3 June 26, 2025) (unpublished), defendants were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

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