Deadlines: Prevailing Litigant In An Appeal Has 40 Days From Issuance Of Remittitur To File A Fee Motion Under CRC 8.278(c)(1)

Deadline Runs From Issuance, Not Extended For The Service Of The Remittitur.

               In Wash v. Banda-Wash, Case No. F085028 (5^th Dist. Feb. 3, 2025) (partially published), the Fifth District decided that a litigant prevailing on appeal has 40 days after issuance of the remittitur to file a fee motion under CRC 8.278(c)(1), a firm deadline not extended for the manner of service of the remittitur.  However, in the unpublished portions of the opinion, the appellate court remanded to have the lower court consider whether it exercised its discretion to allow the litigant a 2-day extension given that it did award appellate fees and costs to the litigant.