Judge: Richard J. Burdge, Case: 18CHLC34537, Date: 2023-06-22 Tentative Ruling

Case Number: 18CHLC34537    Hearing Date: June 22, 2023    Dept: 3

TENTATIVE RULING

Case No.         18CHLC34537

Date:               June 22, 2023

Moving Party:             VIDEO SYMPHONY, LLC

Opposing Party:          MELODY PRYOR

Motion:           Plaintiff’s application for attorney fees

Opposition:     May 18, 2023

Reply:             May 24, 2023

Tentative:  Deny.

Plaintiff moved for attorney fees following a money judgment in its favor.  It claims and entitlement to fees based on a contract provision.

Defendant opposes the motion on a number of grounds, including that the motion for fees was untimely.  The court docket does not show that the motion was filed, but the opposition claims it was filed on May 1 (Opp. 1:7), which Plaintiff does not refute in its reply.  The docket reflects that the clerk served notice of entry of judgment on March 6, 2023.  California Rule of Court3.1702(b)(1) provides in part:  “A notice of motion to claim attorney's fees for services up to and including the rendition of judgment in the trial court . . . must be served and filed within the time for filing a notice of appeal . . . under rules 8.822 and 8.823 in a limited civil case.”  This is a limited civil case. 

Rule 8.822 (a) provides in part:  “(1)  Unless a statute or rule 8.823 provides otherwise, a notice of appeal must be filed on or before the earliest of:

(A)  30 days after the trial court clerk serves the party filing the notice of appeal a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, showing the date it was served;”

In this case, Rule 8.823 does not provide otherwise. 

Therefore, a motion filed May 1 was more than 30 days after notice of entry of judgment and is untimely.  The motion is denied.  Accordingly, there is no need to address the other arguments raised.