Saben, Earlix & Associates v. Fillet

Opinion

MOORE, J.

In a complicated litigation matter involving several parties, the trial court refused to consider an attorney fee motion, finding that the motion was untimely filed. The court erroneously determined that the entry of an order granting summary judgment triggered the running of the time limit for the filing of the attorney fee motion, under California Rules of Court, rule 870.2(b)(1), even though no summary judgment had ever been entered. However, an order granting summary judgment is not an appealable order and the entry of the order did not trigger the attorney fee motion…