Chase Livio v. Savin CA4/2 filed 2/27/13 A

State: California

Court: California Eastern District Court

Docket No: E055084

Case Date: 02/27/2013

Plaintiff: Chase Livio

Defendant: Savin CA4/2 filed 2/27/13 Case Details

Preview:Filed 2/27/13 Chase Livio v. Savin CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

CHASE LIVIO LLC, Plaintiff and Respondent, v. RONALD R. SAVIN, Defendant and Appellant. E055084 (Super.Ct.No. INC079265) OPINION

APPEAL from the Superior Court of Riverside County. Harold W. Hopp, Judge. Reversed. Blakely Law Group, Brent H. Blakely and Michael Marchand for Defendant and Appellant. The Law Offices of Paul D. Bojic, Paul D. Bojic and P. Marissa Marino for Plaintiff and Respondent.

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I INTRODUCTION On September 22, 2011, the trial court denied defendant and appellant Ronald R. Savin's motion for costs and attorney fees as untimely under California Rules of Court, rule 3.1702.1 Savin appeals, contending that the trial court erred because his motion was timely filed under rules 3.1702 and 8.104(a).2 Since the sole issue in the case is a legal issue, we apply a de novo standard of review. Rule 3.1702(b)(1) applies to claims for statutory attorney fees and in contract actions. It provides: "A notice of motion to claim attorney's fees for services up to and including the rendition of judgment in the trial court--including attorney's fees on an appeal before the rendition of judgment in the trial court--must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case . . . ." Rule 8.104(a)(1) provides that an appeal must be filed "on or before the earliest of: [

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