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Requesting Civil Code section 1717 attorney’s fees in California

by Stan Burman

Civil Code section 1717 attorney’s fees in California are the topic of this blog post.

Requesting Civil Code section 1717 attorney’s fees in California should be commenced by the prevailing party on a contract containing an attorney fee provision.

Deadline for requesting Civil Code section 1717 attorney's fees in California.

Requesting Civil Code section 1717 attorney’s fees in California must be done within the time limits specified by law for filing a notice of appeal under California Rules of Court 8.104 and 8.108. See California Rule of Court 3.1702(b) (1). In most cases that requires that the motion must be filed within 60 days from notice of entry of judgment, with an additional 30 days if certain valid post-judgment motions are filed such as a Motion for New Trial or JNOV.

Civil Code § 1717 (a) states that,

“In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs.

Where a contract provides for attorney's fees, as set forth above, that provision shall be construed as applying to the entire contract, unless each party was represented by counsel in the negotiation and execution of the contract, and the fact of that representation is specified in the contract.

Reasonable attorney's fees shall be fixed by the court, and shall be an element of the costs of suit.

Except as provided in paragraph (2), the party prevailing on the contract shall be the party who recovered a greater relief in the action on the contract. The court may also determine that there is no party prevailing on the contract for purposes of this section.”

The California Supreme Court has stated that a party that obtains a simple, unqualified win on the contract must be awarded their reasonable attorney’s fees.

If you are filing a motion for attorney’s fees the hours spent on the case should be very well substantiated although detailed time records are generally not required.

The amount of time that is spent can include all hours that were incurred working on investigation and evaluation of claims, drafting and revising pleadings (including the motion for attorney’s fees), research and briefing of factual and legal issues, and conferring with clients and/or other counsel.
 

Sample motion for Civil Code section 1717 attorney’s fees in California for sale.

Attorneys or parties in California that would like to view a portion of a sample 13 page motion for attorney’s fees under Civil Code section 1717 in California containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service sold by the author can use the link shown below.

Sample Motion for Attorney Fees Under Civil Code section 1717 in California by Stan Burman on Scribd

 

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995. For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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