Cases: Deadlines

Costs, Deadlines: Where Matter Is Reversed On Appeal And Remanded, Clock Reset For Trial Court Costs Motion Depending On What Happens On Remand

Cases: Costs, Cases: Deadlines

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 B285059/B286055 (2d Dist., Div. 7 March 25, 2019) (unpublished), tenant lost a case for failure to maintain her rental unit in line with building codes.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 […]

Deadlines, Special Fee-Shifting Statute: Attorney Asking For Mandatory Relief Stemming From A Failure To File Default Set Aside Motion Before Default Judgment Prove-Up Properly Had To Reimburse Other Side For $10,000 In Attorney’s Fees

Cases: Deadlines, Cases: Special Fee Shifting Statutes

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 Jan. 29, 2019) (unpublished), attorney was ordered to pay $10,000 in attorney’s fees and costs for the lower court’s grant of a mandatory

Deadlines: Appellate Attorney’s Fees Properly Are Claimed Through Noticed Motion, With No Requirement That A Costs Memorandum Be Filed.

Cases: Deadlines

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 (2d Dist., Div. 2 Jan. 23, 2019) (unpublished), argued on appeal that the opponent failed to file a costs memorandum to claim fees rather than just

Deadlines, Section 998, Section 1717: Not Attaching 998 Offer To Costs Memorandum Is Not Fatal, But Fifth District Panel Finds Trial Judge Lacked Jurisdiction To Enter Post-Trial Section 1717 Fee Motion After Appeal Of Merits Judgment

Cases: Deadlines, Cases: Section 1717, Cases: Section 998

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 July 31, 2018) (unpublished), a general contractor won an indemnity dispute against a plumbing contractor under a subcontract with an indemnification/fees clause.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

Deadlines: Appellate Court Reverses Denial Of Fee Motion Based On Failure To Adhere To 180-Day Outside Deadline

Cases: Deadlines

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

Deadlines, Special Fee Shifting Statutes: Although Timely Filed, Motion For Defense Costs Under CCP § 1038 Properly Awarded To Defendant California Highway Patrol Winning Summary Judgment Motion

Cases: Deadlines, Cases: Special Fee Shifting Statutes

Section 1038 Deadlines Are Not Jurisdictional In Nature.             Code of Civil Procedure section 1038 allows an award of defense costs to a public entity that prevails on a frivolous lawsuit by means of a dispositive motion (such as a motion for summary judgment) if the public entity so moves “before the discharge of the

Deadlines, Employment: Maldonado 2/8 DCA Decision Now Published

Cases: Deadlines, Cases: Employment

Confirms That Deadlines To File Fees Motion Extended For Weekends and Holidays.              On April 20, 2018, we posted on Maldonado v. Epsilon Plastics, Inc., Case Nos. B278022/B281129 (2d Dist., Div. 8 Apr. 18, 2018) (unpublished; published May 8, 2018), which decided that a fee motion deadline was extended for a weekend and Holiday which intervened.

Deadlines/Employment:  Successful Plaintiff Employee Class Timely Filed Fee Motion

Cases: Deadlines, Cases: Employment

Fee Award Remanded For A Restudy After Some Damage Components Reversed Or Remanded For Recalculation.             Most fee requests in California are done by noticed motion and follow California Rules of Court deadlines in most instances, which generally track the time within which to appeal the underlying judgment or appealable order.   Under CRC 3.1702(b)(1) and

Appeal Sanctions/Deadlines:  Ninth Circuit Decides That Appeal Sanctions For Frivolous Appeal Under FRAP 38 Must Be Filed Under Time Limits For Filing Request For Appellate Attorney’s Fees Under Ninth Circuit Rule 39-1.6(a)

Cases: Appeal Sanctions, Cases: Deadlines

With Respect To Double Costs For Frivolous Appeal, No Entitlement Unless Timely Costs Bill Filed.             In In re Westwood Plaza North (Erde v. Bodnar, et al.), No. 17-55655 (9th Cir. Apr. 9, 2018) (per curiam; published), the Ninth Circuit adopted a “bright line” rule for filing an appeal sanctions request for attorney’s fees under

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