Anaheim, CA asked in Real Estate Law, Civil Litigation and Collections for California

Q: How many days for filing motion for attorney fees would be considered abandonement of claim?

2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: You are mixing apples with meatballs. There are rules of court and statutes regarding the timing for filing a motion for attorney's fees, or the judge could set a special time schedule on request. You can look these up on the internet, they are available to the public. If these are missed there are still methods to reinstate the claim under proper circumstances. "Abandonment" is what a tenant does to the property that they leave when they move out, not failing to timely file an attorney fee motion.

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Nathan Wirtschafter
Nathan Wirtschafter
PREMIUM
Answered
  • Collections Lawyer
  • Encino, CA
  • Licensed in California

A: There are not a lot of specifics in the query, so here is some general information:

Reasonable attorneys fees may be awarded as costs, if authorized by law or contract. Code Civ. Proc. 1033.5(a). The claimant has the burden of proof.

If, for example, you are seeking to recover attorneys fees as the prevailing party in a breach of contract lawsuit, the claimant must file a motion requesting such fees after entry of judgment.

The motion must be filed within the time limit for filing an appeal. If a notice has been served, the time limit is 60 days after entry of judgment. Otherwise, it is usually 180 days after the date of entry of judgment. There may be extensions due to stipulation or court order.

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