Deadlines: Plaintiff’s Failure To Timely Request Fees/Costs After CCP § 998 Acceptance Means The Request Was Waived

Lack of Diligence Was the End Conclusion Of This Matter.

            In Frye v. The Legends Golf Club, LLC, Case No. E075191 (4^th Dist., Div. 2 Dec. 6, 2021) (unpublished), the appellate court colorfully led off this way: “A trial court’s award of contractual attorney fees and costs is not like a stock dividend—you must request it in a timely and appropriate manner.”  Well, the plaintiff here never managed to do that.  After accepting a section 998 offer which preserved the ability to move for fees, and after rolling OSC re dismissal requests on numerous occasions, the trial judge finally dismissed the case before any fee motion could be resolved.  That result was affirmed on appeal.  Plaintiff could not show any diligence in moving for fees, getting extension after extension but not properly filing the fee request.  This type of conduct led to the conclusion that no fee request was still in play for plaintiff.