Deadlines, Equity: Blowing Attorney’s Fees Deadline Was Affirmed Under CCP § 473 Prong

Mandatory Prong Was Not Available, But Lower Court Could Discretionarily Entertain.

            In Byron v. McCray, Case No. B306599 (2d Dist., Div. 7 Feb. 14, 2022) (unpublished), an attorney for a prevailing party fell on the sword and brought a CCP § 473 motion to recover fees based on not filing for fees in timely manner, which was eventually granted in excess of $85,000.  The adverse party appealed, but to no avail.  Although agreeing that the section 473 mandatory provision did not apply, the lower court’s discretionary award under section 473 was in play.  Miscounting or inadvertence by counsel is a basis to grant relief under section 473 or the fee motion extension deadline default under CRC 3.1702(d).  Given the lack of prejudice to the opposing party, the granting of relief and fee award was no abuse of discretion.