Chase Livio v. Savin CA4/2

INTRODUCTION

On September 22, 2011, the trial court denied defendant and appellant Ronald R.

Savin’s motion for costs and attorney fees as untimely under California Rules of Court,

rule 3.1702.1 Savin appeals, contending that the trial court erred because his motion was

timely filed under rules 3.1702 and 8.104(a).

Since the sole issue in the case is a legal issue, we apply a de novo standard of

review.

Rule 3.1702(b)(1) applies to claims for statutory attorney fees and in contract

actions. It provides: “A notice of motion to claim attorney’s fees for services up to and

including the rendition of judgment in the trial court—including attorney’s fees on an

appeal before the rendition of judgment in the trial court—must be served and filed

within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited

civil case . . . .”

Rule 8.104(a)(1) provides that an appeal must be filed “on or before the earliest of:

[¶] (A) 60 days after the superior court clerk serves on the party filing the notice of

appeal a document entitled ‘Notice of Entry’ of judgment or a file-stamped copy of the

judgment, showing the date either was served; [¶] (B) 60 days…