JUDGE WILLIAM S DATO CODE
JUDGE WILLIAM S DATO TRIAL

In 1992 petitioner and appellant Save Our Forest and Ranchlands (SOF), a California corporation, filed a petition for a writ of mandate in which it challenged the validity of an amendment to the San Diego County general plan. Accordingly we reverse that order and remand for further proceedings.

JUDGE WILLIAM S DATO TRIAL

On the other hand, because the appellant moved for relief from default within six months after rule 870.2 was asserted by its adversary, the trial court erred in finding it had no power to consider the appellant's section 473 motion. The motion was untimely because the parties had 60 days in which to appeal the trial court's 1993 judgment and the motion for attorney fees was filed more than 60 days after the effective date of the amended version of rule 870.2(b). Thus in this case we affirm a trial court order denying the appellant's initial motion to recover attorney fees. Importantly, we agree with appellant that the six-month period in which to seek relief under section 473 commences to run from the date on which a party's failure to meet the requirements of rule 870.2 is raised by an opponent or enforced by the trial court. However we also find any failure to meet the time limitation set forth in rule 870.2 is subject to relief under section 473. In such cases the time in which to make a motion began running when the amended version of the rule became effective. While initially this limitation only applied to claims based on attorney fee provisions in contracts, by way of an amended version of the rule which became effective on January 1, 1994, this time limitation was also made applicable to statutory fee claims.Ĭontrary to the appellant's argument, we find the limitation imposed by rule 870.2(b) applies to all motions for attorney fees made after the effective date of the amendment, even where, as here, at the time the underlying trial court judgment was entered, no time limit governed the appellant's statutory claim to attorney fees. Under rule 870.2(b) a motion to recover attorney fees incurred in the trial court in civil cases must be filed within the period permitted for filing a notice of appeal from the trial court's judgment.

JUDGE WILLIAM S DATO CODE

1 rule 870.2(b), as recently amended, and Code of Civil Procedure fn. In this case we are called upon to interpret and apply the provisions of California Rules of Court, fn. Mead, Deputy County Counsel, for Defendants and Respondents. Sansone, Acting County Counsel, Diane Bardsley, Chief Deputy County Counsel, and Mark C. Crandall, Michael Ray Harris, Milberg, Weiss, Bershad, Hynes & Lerach, William S. COUNTY OF SAN DIEGO et al., Defendants and Respondents. Today the Appeals Panel of the Special Tribunal of Lebanon (Hague) dismissed 22 prosecution grounds of appeal in upholding the acquittal of Al Jadeed television station (Beirut) on charges of contempt.SAVE OUR FOREST AND RANCHLANDS, Plaintiff and Appellant, v. Read moreĪppeals Panel of the Special Tribunal of Lebanon (Hague) dismisses 22 prosecution grounds of appeals William Ruto of charges alleging crimes against humanity arising out of the 2007-2008 post election violence in Kenya. Judges of the ICC held that the no reasonable Trial Chamber could convict H. Read moreĬase against Deputy President of Kenya dismissed International Criminal Court Bar AssociationĬhambers congratulates Karim Khan QC on his election as the President of the International Criminal Court Bar Association. Khan QC was lead counsel acting for Fatmir Limaj, deputy prime minister of the Republic of Kosovo, along with legal advisor Dato’ Shyamala Alagendra of Malaysia and counsel Tahir Rrecaj of the Bar of Kosovo. View External Link Deputy Prime Minister of Kosovo acquitted of all charges in EULEX corruption case Dato’ Shyamala Alagendra appointed as Assistant Director of Public Prosecutions of the Republic of FijiĬhambers congratulates Dato’ Shyamala Alagendra, Associate Member of Temple Garden Chambers on her appointment as Assistant Director of Public Prosecutions of the Republic of Fiji.

Judge william s dato