Relying on Oral Agreement to Extend Time to File for Attorney's Fees on Appeal is Excusable Neglect

D appealed judgment in favor of P. Appellate Court affirmed judgment and awarded P costs on appeal. P's counsel prepared motion, but before filing it attempted to resolve the matter by negotiation. D's attorney orally agreed to extend P's time to file the motion, and P confirmed this in writing. By the time P filed its motion, more than 40 days had passed from court’s mailing remittitur. Cal. Rules of Court 8.278(c)(1). Held: Relying on opposing counsel’s oral agreement to extend the deadline is excusable neglect under Section 473 of the Cal. Code Civ. Proc.
Contributor
Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

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I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.