Save Our Forest & Ranchlands v. County of San Diego

Opinion

BENKE, Acting P. J.

In this case we are called upon to interpret and apply the provisions of California Rules of Court, 1 rule 870.2(b), as recently amended, and Code of Civil Procedure 2 section 473. Under rule 870.2(b) a motion to recover attorney fees incurred in the trial court in civil cases must be filed within the period permitted for filing a notice of appeal from the trial court’s judgment. While initially this limitation only applied to claims based on attorney fee provisions in contracts, by way of an amended version of the rule which became effective on January 1, 1994, this…