Cases: Deadlines

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the details, Animal Protection and Rescue League, Inc. v. Marengo, Case No. D082607 (4th Dist., Div. 1 Dec. 16, 2024) (unpublished) should remind practitioners filing a dismissal without prejudice on behalf of a plaintiff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 v. Wertheim, LLC, Case No. B326827 (2d Dist., Div. 1 Nov. 5, 2024) (unpublished), where a substantial appellate fee award of $338,535 was sustained on appeal in favor of prevailing respondents, has some lessons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

Deadlines, Special Fee Shifting Statutes: City Obtaining Preliminary Injunction As To Public Nuisance On Marijuana Dispensaries Was Entitled To Attorney’s Fees, But Not Costs

Cases: Deadlines, Cases: Special Fee Shifting Statutes

No Costs Memorandum Was Required To Seek Fees, But City Failure’s To File Did Bar It From Obtaining Costs—Kaufman Decision Found Applicable To Statutory Fee Request.                In Green Lotus Entertainment, Inc. v. City of Montclair, Case No. E079531 (4th Dist., Div. 2 May 16, 2024) (unpublished), City obtained a preliminary injunction against certain cross-defendants,

Deadlines, SLAPP: Lower Court Erred In Not Adjudicating Merits Of SLAPP Motion In Dismissed Case And Then Determining If Attorney’s Fees Were Warranted

Cases: Deadlines, Cases: SLAPP

Renewed Fee Motion Was Timely, Where Original Fee Motion Was Filed Within Deadlines.                In Shih v. Max, Case No. B324437 (2d Dist., Div. 1 Apr. 29, 2024) (unpublished), lower court denied two defendants’ SLAPP fee motions as moot after plaintiffs voluntarily dismissed their complaint before the SLAPP motion could be heard, although there were

Deadlines: Special Deadlines Govern Appeal Of Costs Orders In Validation Actions, With Appellants Being Untimely

Cases: Deadlines

Special Attention Needs To Be Paid In Validation Proceedings—Appeal Deadlines Are Different.             Validation proceedings have their own time deadlines, including times to appeal.  In County of Alameda v. Alameda County Taxpayers Assn., Case No. A167040 et al. (1st Dist., Div. 5 Jan. 29, 2024) (unpublished), a litigant appealed a postjudgment costs order in a

Deadlines: In Civil Harassment Restraining Matter, Lower Court Did Not Err By Awarding Further Fees Of $41,762.31 To Prevailing Petitioner After An Initial $1,000 Fee Award To Her At A Hearing Where Petitioner Was Representing Herself

Cases: Deadlines

Lower Court Did Not Lose Jurisdiction To Award Additional Fees.             In George v. Hartman, Case Nos. H049735/H049886 (6th Dist. Nov. 13, 2023) (unpublished), the court entered a civil harassment restraining order and granted petitioner $1,000 in attorney’s fees under CCP § 527.6(s) based on a request for that amount in a Judicial Council form,

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