Q: How many days for filing motion for attorney fees would be considered abandonement of claim?
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.
Justia disclaimers below, incorporated herein.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.