California Rule of Court 3.1702 sets how and when a prevailing party claims attorney fees in Superior Court after a judgment, dismissal, or appeal. If the fee amount requires the judge to decide what is reasonable, you must file a noticed motion, and in most trial-court cases the deadline is 60 days after service of the notice of entry of judgment. Miss that window and the fees are almost always gone.1Judicial Branch of California. California Rules of Court 3.1702 – Claiming Attorney Fees
When Rule 3.1702 Applies and When It Doesn’t
Rule 3.1702 governs the procedure for claiming attorney fees, but it doesn’t create the right to those fees. That right has to come from a contract, a statute, or another authority. Contractual fee claims typically rely on Civil Code section 1717, which makes a one-sided fee clause reciprocal so the prevailing party can recover. Fee-shifting statutes in consumer protection, employment, and civil rights cases provide a separate basis.
The rule applies whenever the court has to determine the fee amount, whether because the authorizing law calls for “reasonable” fees or because prevailing-party status itself is disputed. In those situations, a separate noticed motion under Rule 3.1702 is required.1Judicial Branch of California. California Rules of Court 3.1702 – Claiming Attorney Fees
One boundary matters up front. If the contract or statute fixes the fee at a set amount or by a formula with no judicial discretion, you do not file a 3.1702 motion. Those fees go on the Memorandum of Costs (Form MC-010) under Rule 3.1700, on the same 15-day track as ordinary litigation costs.1Judicial Branch of California. California Rules of Court 3.1702 – Claiming Attorney Fees Filing the wrong document on the wrong deadline is a common way to lose otherwise recoverable fees.
The 60-Day Filing Deadline
Rule 3.1702 ties its deadline to the time allowed for filing a notice of appeal under Rules 8.104 and 8.108. For trial-court fee motions, that generally means the motion must be served and filed within 60 days after service of the notice of entry of judgment. If no notice of entry is ever served, the outer limit is 180 days after entry of judgment.2Judicial Council of California. Invitation to Comment on Rule 3.1702 – Claiming Attorney Fees
The 180-day figure is a fallback, not an alternative. Once someone serves a notice of entry, the 60-day clock is running and the 180-day option disappears. Watching your inbox for that notice is more important than watching the docket for a formal judgment.
Service Extensions Can Add Time
The party responding to a served document gets extra time based on how it was delivered. Service by mail within California adds five calendar days. Mail service with either side outside California but still in the United States adds 10 calendar days. If either location is outside the country, the extension is 20 calendar days.3California Legislative Information. California Code of Civil Procedure 1013 – Service by Mail Electronic service adds two court days, so weekends and court holidays don’t count.4California Legislative Information. California Code of Civil Procedure 1010.6 – Electronic Service
These extensions apply to the party who received the notice of entry, so if the notice came by mail, the fee-motion window effectively grows by five days. Confirm the method of service on the proof of service before you calendar the deadline.
What the Motion Must Contain
The motion has to identify the legal basis for the fee claim. That is a Civil Code section 1717 citation for a contract case, or the specific fee-shifting statute for a statutory case. Without a clear authority, there is nothing for the court to enforce.
The motion must also be supported by declarations describing the legal services performed, together with billing records showing the hours worked and the rates charged. Detailed, contemporaneous time entries are the single most important piece of evidence in the motion. Vague blocks like “research — 3.5 hours” invite reductions, and so do entries showing multiple attorneys billing for the same hearing without justification.
How Courts Decide the Amount
California courts almost always start with the lodestar: the hours the attorney reasonably spent on the case multiplied by a reasonable hourly rate. The California Supreme Court confirmed this approach in PLCM Group, Inc. v. Drexler, describing the reasonable rate as what lawyers of similar experience in the same community charge for comparable work.5Justia Law. PLCM Group Inc v Drexler (2000)
From that baseline, the court can apply a multiplier that moves the number up or down. The considerations include the complexity of the issues, the quality of the representation, the results obtained, and the risk the attorney took by handling the case on contingency. Multipliers are uncommon in routine contract disputes. In complex litigation or contingency cases with real nonpayment risk, an upward adjustment reflects the market for that work.
Reductions are common when billing records look inflated, duplicative, or padded. Courts also cut time spent on unsuccessful claims that were unrelated to the winning theory. Building the fee record with those cuts in mind is more effective than defending against them after the opposition brief lands.
Attorney Fees on Appeal
Rule 3.1702 addresses appellate fees separately. A motion for fees incurred on appeal is filed in the trial court, not the Court of Appeal, and the deadline uses the same framework under Rules 8.104 and 8.108, but the clock runs from the remittitur or other event returning jurisdiction to the trial court.1Judicial Branch of California. California Rules of Court 3.1702 – Claiming Attorney Fees A party who prevails on appeal and holds a contractual or statutory fee right should plan on a fresh motion in the trial court after the case comes back down, not a request to the appellate court itself.
Extensions and What Happens If You Miss the Deadline
The trial court can extend the 3.1702 deadline for good cause. It is real discretion, but the reported cases suggest courts take the 60-day figure seriously, and a party who drifts past it counting on relief is taking on unnecessary risk.
If you miss the deadline without an extension, opposing counsel will raise the issue, and the court will typically deny the motion as untimely. Relief under Code of Civil Procedure section 473, which lets courts set aside defaults caused by attorney mistake or neglect, has been applied in limited circumstances. It requires showing the failure was excusable and that the request for relief was itself filed promptly. That path is a rescue, not a plan.
Federal Court Uses Different Rules
If the case is in federal court rather than California Superior Court, Rule 3.1702 does not apply and the deadlines are much shorter. Under Federal Rule of Civil Procedure 54(d)(2), a motion for attorney fees must be filed within 14 days after entry of judgment.6Legal Information Institute. Federal Rules of Civil Procedure Rule 54 – Judgment and Costs Recoverable costs are also narrower under 28 U.S.C. § 1920, which limits taxable costs to clerk and marshal fees, transcript fees, witness fees, printing and copying charges for materials necessarily obtained for the case, docket fees, and interpreter compensation.7Office of the Law Revision Counsel. 28 USC 1920 – Taxation of Costs Applying the state deadline in federal court, or the federal deadline in state court, is a way to lose a fee claim on procedure alone.