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SABEN, EARLIX & ASSOCIATES v. FILLET

No. G034572.

36 Cal.Rptr.3d 610 (2005)

134 Cal.App.4th 1024

SABEN, EARLIX & ASSOCIATES, Plaintiff and Respondent, v. Robert E. FILLET, Defendant; William J. Davis et al., Interveners and Appellants.

Court of Appeals of California, Fourth District, Division Three.

December 9, 2005.

Attorney(s) appearing for the Case

William J. Davis, in pro. per., for Intervener and Appellant.

Jessica D. Lew; William J. Davis and Kathryn J. Woods for Intervener and Appellant Davis & Company.

Peter L. Weinberger & Associates, Peter L. Weinberger, Los Angeles, and A. Douglas Mastroianni for Plaintiff and Respondent.

OPINION

MOORE, J.

In a complicated litigation matter involving several parties, the trial court refused to consider an attorney fee motion, finding that the motion was untimely filed. The court erroneously determined that the entry of an order granting summary judgment triggered the running of the time limit for the filing of the attorney fee motion, under California Rules of Court, rule 870.2(b)(1), even though no summary judgment had ever been entered...

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