Amendment of Judgment to Include Costs Award Was Clerical Issue Not Subject to Strict Time Limits. In an interesting procedural decision of interest to any of us anal, time-driven attorney litigators, the Sixth District provided some interesting guidance on two issues: (1) the deadline timeliness for filing a costs memorandum after a notice […]
Second District, Division 6 Does So While Affirming $75,000 Sanctions Award. In Marriage of Lancashire, Case No. B217022 (2d Dist., Div. 6 May 23, 2011) (unpublished), the Second District, Division 6 discussed deadlines for bringing attorney’s fees motions based on sanctionable conduct of family law litigants under Family Code section 271 before it
Deadline Argument Did Not Prevail Under the Circumstances. Here is a real corker in our “Arbitration” category, especially for those of you who are procedurally oriented. In Williams v. Joseph Phelps Vineyards LLC, Case No. A127708 (1st Dist., Div. 2 Apr. 19, 2011) (unpublished), vineyard and affiliated individuals were ordered by an
Follows the Lead of Division 5 in Garcia v. Politis. In our February 26, 2011 post, we synopsized Garcia v. Politis, 192 Cal.App.4th 1474 (2011), where the Second District, Division 5 determined that default judgment attorney’s fees could not be recovered through a postjudgment fee motion but had to be recouped through a
No Provision Required that Winning Defendant Enter Costs Judgment Under Any Deadlines. Here is an interesting case that really is a big one to be archived in our “Deadlines” category. It goes to show you that recalcitrance, while not to be condoned, may not get punished unless there are statutory or court rule
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
Failure to File Timely Supplemental Notice of Appeal from Fee Order Was Fatal. Here is an ouch! It reinforces a lesson that we have reminded our readers out there to observe time and time again: whether at the state or federal level, separately appeal any adverse attorney’s fees orders. It cannot hurt and
Fee Request Must Be Addressed In Default Judgment Packet Submissions. The next case is one that any litigator should read when seeking a default judgment against a party. It sets forth the proper procedure for claiming attorney’s fees, and the incorrect way is to move for fees postjudgment. The plaintiff in Garcia v.
Second District, Division 8 Remands In Procedural Nightmare Case. Just to show you that procedure and facts may drive a matter–stay tuned for this one. In New Star Realty, Inc. v. Park, Case No. B220602 (2d Dist., Div. 8 Nov. 18, 2010) (unpublished), defendant filed an attorney’s fees motion one day late, but
First District, Division 2 Upheld Trial Court Decision to Award Some Fees and Costs to Teacher, But Not All of Them. Well, we report on all areas of the law. This one is a curious case, where a teacher untimely filed for fees and costs, but the trial court cut teacher a break and
