Judge Thomas D. Long, Case Number: 19STCV41816, Date: 2024-04-30 Tentative Ruling

On October 26, 2023, the Court entered judgment in favor of Plaintiff Aaron Meyerson and against Defendant Verb Technology Company, Inc.

On February 23, 2024, Plaintiff filed a Motion for Extension of Time to File Attorney Fee Motion and Cost Memorandum. Plaintiff seeks relief under Code of Civil Procedure section 473, subdivision (b) and the Rules of Court.

A memorandum of costs must be filed on or before the earliest of (A) 15 days after a written Notice of Entry of Judgment, or (B) or within 180 days after entry of judgment. (California Rules of Court, rule 3.1700(a)(1).)

A motion for attorney fees must be served within the time for filing a notice of appeal. (California Rules of Court, rule 3.1702(b)(1).) A notice of appeal must be filed on or before the earliest of (A) 60 days after the clerk serves a Notice of Entry of Judgment on the appealing party, (B) 60 days after the appealing party serves or is served with a Notice of Entry of Judgment, or (C) 180 days after entry of judgment. (California Rules of Court, rule 8.104(a)(1).)

The Court entered judgment on October 26, 2023. Plaintiff served a Notice of Entry of Judgment on Defendant on November 8, 2023. Accordingly, a memorandum of costs must have been filed by November 23, 2023. A motion for attorney fees must have been filed by January 7, 2024.

“In the absence of prejudice, the trial court has broad discretion in allowing relief on grounds of inadvertence from a failure to timely file a cost bill.” (Pollard v. Saxe & Yolles Dev. Co. (1974) 12 Cal.3d 374, 381.) Similarly, “[f]or good cause, the trial judge may extend the time for filing a motion for attorney’s fees in the absence of a stipulation or for a longer period than allowed by stipulation.” (California Rules of Court, rule 3.1702(d).) “A court may grant a request for extension of time to file a motion for attorney’s fees even if the motion is not filed until after the deadline for filing an attorney’s fees motion under Rule 3.1702. [Citation.] Even a claim of inadvertence, if it is not prejudicial, may constitute good cause for a late filing. [Citation.]” (Robinson v. U-Haul Co. of California (2016) 4 Cal.App.5th 304, 326.)

Plaintiff’s counsel declares that he reviewed the rules and law concerning the deadlines for filing the motion for attorney fees and costs, but in an isolated clerical error, he “inadvertently calendared the deadline at 180 days, for May 6, 2024.” (Todd Decl. ¶ 3.) He discovered his calendar error when Defendant stated that the motion served on February 13, 2024 was untimely. (Todd Decl. ¶ 4.) The motion includes proposed copies of both the motion for attorney fees and memorandum of costs. (Motion, Exs. B-C; see Code Civ. Proc., § 473, subd. (b).)

Defendant argues that Plaintiff has not shown good cause. The Court disagrees. Furthermore, Defendant does not identify any prejudice caused by the late filing.

The Motion for Extension of Time to File Attorney Fee Motion and Cost Memorandum is GRANTED. Plaintiff is ordered to file his motion for attorney fees and memorandum of costs within five days.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit. If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

Hon. Thomas D. Long

Judge of the Superior Court