Cases: Deadlines – Page 17 – Cal Attorneys Fees

Legal Malpractice: Payment Of Attorney’s Fees To Correct Scrivener’s Error Is “Actual Injury” For Purposes Of Attorney Malpractice Statute of Limitations

May 9, 2009

Fourth District, Division 1 Explores “Cross Over” Issue of How Fees Have Implications in Lawyer Malpractice Cases. Remember when we all studied for the California Bar examination? (Probably most of you are glad those days are over.) Well, we were drilled about spotting “cross-over issues” or those issues that had implications for more than […]

Fee Motion Deadlines: Pay Attention To Them …. Or Land Into the Hands of Defeat!

May 5, 2009

First District, Division 3 Affirms Trial Court’s Denial of Fees After Litigant Waited 17 Months Before Moving For a Fee Award. Boy, we knew that the next case was ominous for somebody when the appellate court opened with this sentence: “By their inaction, counsel for the plaintiff, have permitted a large measure of victory

Default Judgment Set Aside Fee Awards: Defendants Get To Challenge Fee And Costs Awards Under 15-Day CRC Rules

Cases: Deadlines

April 25, 2009

Second District, Division 3 So Holds in Unpublished Decision on a Novel Issue. This next decision, although unpublished, maybe should be. It is the first decision that we have seen establishing that defendants have the deadlines available for purposes of striking or taxing costs to challenge attorney’s fees and costs awarded as a condition

Probate Settlement: Heir Loses Matter Encompassed By Settlement Agreement Fee Clause, Suffering Adverse Award Of $51,205.36 In Costs and Attorney’s Fees

Cases: Deadlines, Cases: Fee Clause Interpretation, Cases: Probate

February 23, 2009

Second District, Division 5 Sustains Award Based on Broad Fees Clause in Settlement Agreement and Confirms 60 Day Fee Deadline Does Not Apply in Probate Litigation Matters. Most of the time in probate matters, attorney’s fees are awarded for services to an estate. (Estate of Trynin, 47 Cal.2d 265, 272-273; see also cases

Appealability: Failure to Timely File Reconsideration Ruling Resulted In Dismissal of Appeal Challenging $70,408.75 Fee Award

Cases: Appealability, Cases: Deadlines

January 12, 2009

Fourth District, Division Three Determines Notice of Reconsideration Ruling Does Not Need Any “Magic” Language to Trigger Running of Appeal Period. The next case is an interesting reminder to hit the books when determining what triggers the running of the appeal period in the context of reconsideration rulings. In Walshe v. Gelfand, Case

Routine Costs: Trial Judge Found To Have Inferentially Granted 30-Day Extension to File Costs Memorandum When Granting Costs Where Memorandum Untimely Filed Under CRC 3.1700(a)

Cases: Costs, Cases: Deadlines

December 15, 2008

Fourth District, Division One Also Finds Untimeliness Argument Waived, But Also Decides Merits in Favor of Costs Claimant. California Rules of Court, rule 3.1700(a)(1) does contain a time deadline for filing and service of a costs memorandum after mailing of notice of entry of judgment or dismissal—15 days. The lower court has also discretion

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

Cases: Deadlines, Cases: Fee Clause Interpretation, Cases: Private Attorney General (CCP 1021.5)

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