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SANABRIA v. EMBREY

No. B144004.

111 Cal.Rptr.2d 837 (2001)

92 Cal.App.4th 422

John SANABRIA, Plaintiff and Appellant, v. Gloria J. EMBREY et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Five.

September 20, 2001.

Attorney(s) appearing for the Case

Michael B. Montgomery, El Monte, for Plaintiff and Appellant.

Aspell & Lopez and Patrick H. Aspell, Pasadena, for Defendants and Respondents.

GRIGNON, J.

Plaintiff and appellant John Sanabria appeals from the order awarding costs and attorney fees in favor of defendants and respondents Robert and Gloria Embrey. Sanabria contends the Embreys failed to timely file their memorandum of costs and motion for attorney fees following the voluntary dismissal of his complaint. We agree and reverse.

FACTS AND PROCEDURAL BACKGROUND

On July 17, 1997, Sanabria filed his complaint against the Embreys...

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