Cases: Deadlines – Page 17 – Cal Attorneys Fees

Plaintiff Losing Trespass Case Against Defendant Landlords Liable For Opposition Attorney’s Fees Under Broadly Worded Lease Clause

October 2, 2008

Second District, Division Four Determines Landlord Prevailed and Dismisses Other Technical Challenges to Major Portion of Fee Award. Tenant got caught up in an imbroglio with her Landlords when she moved her business into a residential apartment after the roof of her off-premises store collapsed. After being served with an eviction […]

Prevailing Anti-SLAPP Defendant’s Failure to Timely File Fee Motion Affirmed On Appeal

Cases: Deadlines, Cases: SLAPP

October 2, 2008

Failure to Comply with CRC 3.1702’s Deadline Was Dispositive. California Rules of Court, rule 3.1702 requires that a motion to claim attorney’s fees for services up to and including the rendition of a trial court judgment must be served and filed within the time for filing a notice of appeal, which

Appellate Court Rescues Attorney Blowing Fee Motion Deadline Under Code of Civil Procedure section 473(b)

Cases: Deadlines

October 2, 2008

Fourth District, Division One Credits Attorney’s Excuse that She Miscalculated Motion Deadline While Engaged in Protracted Trial. As we have seen before, absent a stipulation or court order, the deadline for filing a motion for attorney’s fees is based on the deadline for filing a notice of appeal. (Cal. Rules of

Plaintiff Who Lost Attorney’s Fees Motion Untimely Appealed, Which Meant Appellate Court Was Without Jurisdiction To Review The Matter

Cases: Appealability, Cases: Deadlines

October 2, 2008

Sixth District Refuses to Review Adverse Fee Order Based on Plaintiff’s Failure to Timely Appeal under CRC 8.104 Plaintiff lost a motion to set aside a judicially supervised stipulated judgment in a roadway easement action. One of the defendants was granted attorney’s fees for defending the motion under a contractual fees

DON’T LOSE YOUR FEE APPEAL – OR RELY ON A TRIAL COURT TO SAVE A LATE APPEAL

Cases: Deadlines

May 17, 2008

Fourth District, Division 3 Dismisses Appeal Based on Untimely Filing. The Fourth District, Division 3, in Kimball Avenue v. Franco, Case No. G039767 (4th Dist., Div. 3 May 13, 2008), chronicles a sobering message for any unsuccessful litigant—appeal filing deadlines are jurisdictional and a lower court, no matter how well intentioned,