Cases: Deadlines

Deadlines: 2/3 DCA Affirms Costs/Contractual Attorney Fees Award To Prevailing Defendant That Filed Its Costs Memo And Fees Motion More Than 60 Days After The Superior Court Clerk Mailed A Conformed Copy Of The Judgment

Cases: Deadlines

The Clerk’s Mailing Did Not Trigger Deadlines For The Costs Memorandum Or Fees Motion Because The Judgment Was Not Accompanied By A Proof Of Service And Failed To Satisfy Requirements For Service Of Notice Of Entry Of Judgment.             In MES Investments, LLC v. Dadson Washer Service, Inc., Case No. B297634 (2d Dist., Div.

Deadlines, Probate: Trustee Obtaining $285,363.10 Fee Award Against Beneficiary Who Brought Objections In Bad Faith Affirmed On Appeal

Cases: Deadlines, Cases: Probate

Probate Code Sections, Contractual Fee Provisions, And Equitable Powers Provided Fee Entitlement, With CRC 3.1702 Fee Motion Filing Deadlines Not Applicable To Probate Proceedings.             In Rudnick v. Rudnick, Case No. F079105 (5th Dist. Sept. 23, 2020) (unpublished), a beneficiary in a long-standing trust dispute withdrew objections to a final distribution/termination of the trust on

Deadlines, Homeowner Associations: Later Finding That HOA-Homeowner Settlement Agreement Was Invalid Presented Good Cause To File Fee Motion After 60-Day Deadline

Cases: Deadlines, Cases: Homeowner Associations

Settlement Misconception By The Parties Allowed Dismissed Board Members To Seek Fees.             In Gallian v. Gragnano, Case No. G057198 (4th Dist., Div. 3 Sept. 15, 2020) (unpublished), HOA sued a homeowner for architectural violations under the CC&Rs, which prompted homeowner to crossclaim against the board members for indemnification, fault apportionment, and declaratory relief.  The

Deadlines, Intellectual Property: Ninth Circuit Rules That Filing A Fees Motion, Absent A District Court Extension Or Decision To Treat It As A Rule 59 Motion, Does Not Extend The 30-Day Deadline To Review An Earlier Merits Decision

Cases: Deadlines, Cases: Intellectual Property

Practice Tips—Ask The District Judge To Treat Fee Motion As A Rule 59 Motion Or File Two Appeals, One On The Merits And One On The Fees Ruling.             Nutrition Distribution LLC v. IronMag Labs, LLC, No. 19-55251 (9th Cir. Aug. 25, 2020) (published) was a Lanham Act case where a plaintiff was denied monetary

Deadlines: Failure To Object To Magistrate’s Fee-Fixing Decision, Appealing To Circuit Court Rather Than Objecting In Front Of District Judge, Means The Deadline Was Blown And The Objections Waived.

Cases: Deadlines

Although Unsettled, District Found That The Ruling Involved a Dispositive Issue, Which Still Did Not Excuse The Failure To Object.             In LCS Group, LLC v. Shire LLC, Case No. 18-cv-2688 (S.D.N.Y. June 22, 2020), U.S. District Judge Analisa Torres determined that plaintiff and its attorneys, who were sanctioned earlier in attorney’s fees in the

Deadlines, Equity: Plaintiff’s CCP § 473(b) Mandatory Relief Motion Did Not Excuse Attorney’s Failure To File A Timely Fees Motion Based On Lower Court Order

Cases: Deadlines, Cases: Equity

Result Was A Causation Issue—Failure To File Fee Motion Did Not Cause The Dismissal, But Only Resulted In A Lost Fee Request Opportunity.             Co-contributor Mike was a collegiate debater, with causation being a very important argument.  That was just at issue and dispositive in the case in Hernandez v. FCA US LLC, Case No.

Deadlines: Plaintiff’s Motion For Prevailing Party Fees Was Untimely When Filed 86 Days After Plaintiff Received Notice Of Entry Of Judgment

Cases: Deadlines

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

Deadlines, Retainer Agreements, Section 1717: 4/1 DCA Affirms $108,848.50 Attorney Fees Award To Prevailing Plaintiff Attorney For Work In Seeking Unpaid Fees And In Defending Against Former Client’s Cross-Complaint

Cases: Deadlines, Cases: Retainer Agreements, Cases: Section 1717

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

Costs, Deadlines, Reasonableness Of Fees, SLAPP: 2/3 DCA Affirms SLAPP Fee Award To Defendant Of $53,915.50, The Full Defense Request, Rejecting Untimely Motion Filing Argument

Cases: Costs, Cases: Deadlines, Cases: Reasonableness of Fees, Cases: SLAPP

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

Costs, Deadlines: Costs Memorandum Filed Outside Of 15-Day Entry Of Judgment Deadline By Clerk Was Properly Stricken By Trial Judge

Cases: Costs, Cases: Deadlines

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,

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