Deadlines: Plaintiff’s Motion For Prevailing Party Fees Was Untimely When Filed 86 Days After Plaintiff Received Notice Of Entry Of Judgment

60 Days Is The CRC 3.1702(b) Deadline, Which Is Not Extended Whether Anyone Appealed.

            Plaintiff in Ruiz v. NDS Default Service, LLC, Case No. E072061 (4^th Dist., Div. 2 June 9, 2020) (unpublished) filed a prevailing party fees motion 86 days after receiving notice of entry of judgment.  Under CRC 3.1702(b) and 8.108, that motion was untimely because the deadline was 60 days.  (If no notice of entry of judgment is provided, the deadline is 180 days.)  Plaintiff argued that the 60-day deadline only applies where one party appealed and, if not, the longer 180-day period applied to make her motion timely.   The 4/2 DCA disagreed because “[i]t’s irrelevant whether any party is pursuing an appeal” with respect to the running of the rule 3.1702(b) deadlines.