Lewow v. Surfside III Condominium Owners Ass'n., Inc.

Opinion

YEGAN, Acting P. J. aul Lewow unsuccessfully appeals from a $292,205.50 attorney fees order in favor of Surfside in Condominium Owners Association (Association). He contends that Association’s motion for attorney fees was not timely filed. While the trial court’s articulated rationale concerning a bankruptcy stay was erroneous, it reached the correct result. The trial court’s use of an unsound course of reasoning is not determinative as long as the result reached is correct. (E.g., Schabarum v. California Legislature (1998) 60 Cal.App.4th 1205, 1216 [70 Cal.Rptr.2d 745].) We conclude that there was good cause to extend the time for filing the attorney fees motion. We will affirm.

Factual and Procedural Background

On February 3, 2010, judgment was entered in favor of Association on appellant’s complaint for failure to perform its duties. On February 10, 2010, notice of entry of judgment was mailed to appellant. That same day, appellant filed for relief under chapter 13 of the United States Bankruptcy Code.

Association’s counsel prepared a motion for attorney fees pursuant to Civil Code section 1354, subdivision (c). The statute provides: “In an action to enforce the governing documents” of a common interest development, “the prevailing party shall be awarded reasonable attorney’s fees and costs.” But counsel delayed filing the motion because counsel believed that “any proceedings in the trial court were stayed by the automatic bankruptcy stay.”

On July 23, 2010, the bankruptcy proceedings were dismissed. On July 25, 2010, notice of the dismissal was mailed to Association.

Association filed its motion for attorney fees on August 26, 2010, 32 days after the mailing of notice of the bankruptcy dismissal. Appellant objected that the motion was not timely filed. He noted that rule 3.1702(b) of the California Rules of Court provides: “A notice of motion to claim attorney’s fees . . . must be served and filed within the time for filing a notice [132]of appeal . . . .”1 A notice of appeal must be filed no later than 60 days after the party filing the notice has been served with notice of entry of judgment. (Rule 8.104(a).) Since notice of entry of judgment was served on appellant on February 10, 2010, Association had 60 days from that date—until April 11, 2010—to file its motion for attorney fees. But Association waited until August 26, 2010. Association, on the other hand, argued that the motion was timely filed because “the time to file the motion . . . was tolled during the pendency of the bankruptcy stay.”