Deadlines: Trial Court Had Jurisdiction To Amend Statement Of Decision To Include Attorney’s Fees Award To Prevailing Plaintiff

 

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 v. Harley Marine Services, Inc., Case No. A133283 (1^st Dist., Div. 3 Aug. 26, 2014) (unpublished).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.4^th 135, 140-141 (2002).) Affirmed.