Carpenter
Carpenter v. JACK IN THE BOX CORP.
Opinion
Opinion
Chavez, J.
The principal issue in this case is simple and straightforward—whether a motion for attorney fees and costs by the prevailing plaintiff on a special motion to strike under Code of Civil Procedure section 425.16, subdivision (c), was timely filed under California Rules of Court, rules 3.1702 and 8.104. Resolution of this issue, however, proved to be neither simple nor straightforward.
Rule 3.1702 imposes time limits for filing a motion for prejudgment statutory attorney fees in civil cases. Ambiguity in the language of the rule makes it uncertain whether those time limits commence to run upon entry of a prejudgment appealable order, such as the one at issue here, or upon entry of final judgment in the litigation. We interpret rule 3.1702 so that the time limits imposed by the rule commence to run upon entry of judgment at the conclusion of a lawsuit. Those time limits do not commence to run upon entry of a prejudgment appealable order, such as an order granting or denying a special motion to strike under section 425.16. Plaintiff’s motion for attorney fees in this case was filed before entry of final judgment and was timely under rule 3.1702.