In California if you are going to ask for costs and attorney fees after a case has gone to the appeals court and the case is now over; do you ask for them 40 days after the remittitur is issued back to the trial court or do you ask for them 15 days or 180 days after the Notice of Entry of Judgment at the trial court?
Real Estate Attorney
If you want costs for the appeal, it is 40 days from remittitur under CRC 8.278. If you want costs for trial court it is 15 days after Notice of Entry of Judgment. You can ask for both.
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Estate Planning Attorney
Mr. Fink is correct. I would add,that if you are the prevailing (winning) party you are entitled to, and should request, costs of the suit such as filing fees, court reporter fees and service of process costs. Generally, you are not entitled to attorneys fees unless you and the losing party have a contract that allows the prevailing party to recover attorney fees or attorney fee recovery is permitted by a specific statute (law)
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