Deadlines: Where Court Judgment Said Everyone Would Bear Own Fees/Costs, Prevailing Party Had To File Fee Motion To Challenge This Determination

 

Simply Appealing Was Not So Appealing.

     In San Diego Natives Holding Co, LLC v. Hughes, Case No. D061523 (4th Dist., Div. 1 Oct. 3, 2013) (unpublished), a judge did enter a judgment by which a party prevailed but said each side should bear its own costs/fees. The prevailing party appealed this determination.

     Prevailing party lost because it did not pursue the right avenue to challenge the judgment. That party should have filed a fee motion to demonstrate fee entitlement, which was the way to preserve the issue from being forfeited. (CRC 3.1702(b)(1); Hydratec, Inc. v. Sun Valley 260 Orchard & Vineyard Co., 223 Cal.App.3d 924, 929 (1990).) Only appealing did not suffice to preserve the issue for review by the appellate court.