60 Days Is The CRC 3.1702(b) Deadline, Which Is Not Extended Whether Anyone Appealed. Plaintiff in Ruiz v. NDS Default Service, LLC, Case No. E072061 (4th Dist., Div. 2 June 9, 2020) (unpublished) filed a prevailing party fees motion 86 days after receiving notice of entry of judgment. Under CRC 3.1702(b) and 8.108, that […]
Balance Of Unpaid Fees And Costs Were $31,147.17 When Former Client Stopped Making Agreed-Upon Monthly Installment Payments Of $200. In Delisi v. Wagner, Case Nos. D074728 and D075506 (4th Dist., Div. 1 January 27, 2020) (unpublished), an attorney sued his former client for unpaid fees and costs when Former Client stopped making monthly
However, Costs Award Reversed Because It Was Untimely Filed And Prejudiced Plaintiff. In Residual Income Opportunities, Inc. v. Cynergy Data, LLC, Case No. B289219 (2d Dist., Div. 3 Aug. 29, 2019) (unpublished), the defense won a SLAPP motion, filing for recovery of costs to the tune of $3,567.77 and moving for attorney’s fees totaling
Claiming Party’s Counsel Continued To Use East L.A. Address For Pleadings, Even Though Moving To Simi Valley, Such That Clerk’s Entry Notice To East L.A. Address Supported Striking Costs Memorandum, Which Was Filed Almost Five Months Later. I guess we can say that the moral of AV Sikh Center v. Antelope Valley Sikh Center,
Unpublished Opinion Does A Nice Job Of Discussing Modern View On Premature Costs Memo Filings. In Paland v. Brooktrails Township Services Dist. Bd. of Directors, Case No. A156229 (1st Dist., Div. 5 Aug. 19, 2019) (unpublished), Defendant filed and served a memorandum of costs in February 2010 seeking $1,029.02 in costs incurred on appeal.
40-Day Post-Remittitur Period Did Not Govern. In Mangine v. Ball, Case Nos. B285059/B286055 (2d Dist., Div. 7 March 25, 2019) (unpublished), tenant lost a case for failure to maintain her rental unit in line with building codes. The prevailing party filed for routine costs, with the trial court rejecting the tenant’s motion to tax
Fact That Discretionary Relief Also Included, Which Does Not Allow For Fee Shifting, Did Not Change The Result. In Fink v. Cost U Less Cars, Inc., Case No. C085383 (3d Dist. Jan. 29, 2019) (unpublished), attorney was ordered to pay $10,000 in attorney’s fees and costs for the lower court’s grant of a mandatory
CRC 8.278(d)(2) Governed. A party saddled with attorney’s fees for losing an appeal, in ASAP Copy and Print v. Canon Solutions America, Inc., Case Nos. B284364 et al. (2d Dist., Div. 2 Jan. 23, 2019) (unpublished), argued on appeal that the opponent failed to file a costs memorandum to claim fees rather than just
We Think Panel Erred On The Trial Judge Lacking Jurisdiction To Entertain Fee Motion. In Swinerton Builders v. Fresno Plumbing & Heating, Inc., Case No. F069825 (5th Dist. July 31, 2018) (unpublished), a general contractor won an indemnity dispute against a plumbing contractor under a subcontract with an indemnification/fees clause. The jury entered a
Reason Was That Multiple Interlocutory Orders And Dismissal, And Absence Of Final Judgment, Made Deadline Unclear For Moving Parties. What occurred in Centinela Freeman Emergency Medical Assn. v. Maxwell-Jolly, Case No. B270462 (2d Dist. Div. 3 May 17, 2018) (unpublished) is that a trial judge denied plaintiffs’ motion for attorney’s fees under the private attorney
