Ron Burns Construction Co. v. Moore

Opinion

RICHLI, J.

Plaintiff’s counsel and defendants’ counsel agreed to multiple extensions of plaintiffs time to file a motion for attorney fees on appeal, while they were trying to settle the amount owed. Under California Rules of Court, rule 3.1702(c)(2), any stipulation to extend the time for filing a motion for attorney fees on appeal must be filed with the court before the original time has expired. Plaintiff’s counsel, however, failed to file a written stipulation within this time. When negotiations broke down, plaintiff’s counsel finally filed a motion for attorney fees on appeal.…