2010-00076746-CU-OR

Hawks Truck Stop Inc vs. Balbir Dhami

Nature of Proceeding: Motion for Attorney Fees

Filed By: Bolanos, Aldon

Cross-Defendants Hawks Truck Stop, Inc. and Jagjeet Maan’s (“Cross-Defendants”)
motion for attorneys fees pursuant to contract is DENIED as untimely.

Cross-Defendants’ request for judicial notice is granted as to Exhibits 1, 3, and 4. It is
denied as to Exhibit 2.

On December 6, 2011, the Court dismissed Balbir Dhami’s First Amended Cross-
Complaint against Cross-Defendants pursuant to Cross-Defendant’s ex parte
application to dismiss the Cross-Complaint. CCP 581d provides that a written order of
dismissal shall constitute judgments and be effective for all purposes.

Pursuant to CRC 3.1702(b), a motion for attorneys’ fees must be served and filed
within the time for filing a notice of appeal under rules 8.104 and 8.108.

CRC 8.104 provides that a notice of appeal must be filed on or about the earliest of:
(A) 60 days after the superior court clerk serves on the party filing the notice of appeal
a document entitled “Notice of Entry” of judgment or a file-stamped copy of the
judgment, showing the date either was served; (B) 60 days after the party filing the
notice of appeal serves or is served by a party with a document entitled “Notice of
Entry” of judgment or a file-stamped copy of the judgment, accompanied by proof of
service; or (C) 180 days after entry of judgment.

Here, the Court does not have in its records that a “Notice of Entry” of judgment was
served. Thus, the 180 days deadline applies. Cross-Defendants were therefore
required to file the instant motion by no later than June 4, 2012. The instant motion
was not filed until September 3, 2013.

Accordingly, the motion is untimely and must be denied.

The minute order is effective immediately. No formal order pursuant to CRC Rule
3.1312 or further notice is required.