When will a motion for attorney fees be heard at the Court of Appeal?

California, United States of America


The following excerpt is from Dellinger v. Harn, C082821 (Cal. App. 2018):

As noted, plaintiff did not designate defendants' attorney fees motions for inclusion in the appellate record. Although we have the trial court's orders granting attorney fees, we do not have defendants' arguments for why they were proper or the declarations and calculations justifying the amount awarded to them. This makes resolving plaintiff's second claim particularly difficult considering resolution in his favor would necessitate a reduction in part of the attorney fees awards -- a part which we cannot quantify without defendants' moving papers and calculations. Because plaintiff has not provided us with an adequate record to resolve his claims, we must resolve them against him. (People v. Clifton, supra, 270 Cal.App.2d at p. 862.)

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