Didn’t Matter That New Trial Motion 60-Day Deadline Was Exceeded.
In a dispute between two marine transportation companies over charges for tugboat services under a series of contracts, plaintiff prevailed and was awarded contractual attorney’s fees in American Marine Corp. v. Harley Marine Services, Inc., Case No. A133283 (1st Dist., Div. 3 Aug. 26, 2014) (unpublished). Losing defendant argued that the lower court lacked jurisdiction to award fees because they were awarded after the 60-day new trial deadline lapsed even though they were made in an amended Statement of Decision. This argument was rejected given that a lower court can amend or correct a Statement of Decision anytime before entry of final judgment, which did not depend on the new trial motion timing. (Bay World Trading, Ltd. v. Nebraska Beef, Inc., 101 Cal.App.4th 135, 140-141 (2002).) Affirmed.