Judge: Eddie C. Sturgeon, Case: 37-2020-00034038-CU-WT-CTL, Date: 2023-12-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 07, 2023

12/08/2023  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  Wrongful Termination Motion Hearing (Civil) 37-2020-00034038-CU-WT-CTL ESPINOZA BARRIENTOS VS TREVI RISTORANTE INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Attorney Fees, 07/25/2023

The court will hear from the parties.

'A notice of motion to claim attorney's fees for services up to and including the rendition of judgment in the trial court-including attorney's fees on an appeal before the rendition of judgment in the trial court-must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case[.]' (Cal. Rules of Court, rule 3.1702(b)(1).) The parties may stipulate to extend the time for filing the motion. (Id., rule 3.10702 (b)(2).) 'For good cause, the trial judge may extend the time for filing a motion for attorney's fees in the absence of a stipulation[.]' (Id., rule 3.10702(d).) Under Rule 8.104, a notice of appeal must be filed within 60 days after the service of the notice of entry of judgment. (Cal. Rules of Court, rule 8.104(a)(1)(B).) Here, Plaintiff served notice of entry of judgment on March 8, 2023 (see ROAs 136, 137, 139), so time to appeal from the judgment expired on May 8, 2023 (being that May 7, 2023 was a Sunday). Plaintiff filed her motion for attorney's fees on July 25, 2023, 78 days after the deadline had expired and 139 days after notice of entry of judgment was served. This rule is not jurisdictional and the court has the discretion to consider the motion on the merits if there is good cause to do so. (See Cal. Rules of Court, rule 3.1702(d).) The court requests argument on whether there is good cause to hear the merits of the fee motion given its apparent untimeliness.

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