Lewow v Surfside III Condominium Owners Assn., Inc. lawsuit 564

Premises liability is another area of San-Diego-Personal-Injury-attorney.com

Lewow v Surfside III Condominium Owners Assn., Inc. 203 Cal.App.4th 128 (2/6) Lewow sued his HOA and lost, promptly filing BK. BK dismissed five months later. San-Diego-Auto-Accident-lawyer HOA filed for attorney fees within 60 days of BK’s dismissal. Trial court held time tolled by 11 USC § 362 (automatic stay of “commencement or continuation” of a case), granted $292K fees, affirmed on other grounds. [1] § 362 does not apply to time to file an appeal or attorney fee motion (CRC 3.1702). HOA’s fee motion therefore untimely, but . . . [2] Trial court has discretion for good cause to extend time for motion (3.1702(d)), here, excusable mistake of “complex and debatable” issue of law, and affirmed on that ground.  San Diego personal injury attorney

Comments are closed.