Mandatory, Not Jurisdictional

Kelly v. House, No. A153735 (D1d1 Apr. 2, 2020)

This is a pretty nasty land dispute over a right of first refusal to buy some farmland. The prevailing Plaintiffs sought attorneys’ fees under various theories, but allegedly filed their fee app a day too late under Rule of Court 3.1702(b), which requires it to be filed within the time to file a notice of appeal. But defendants didn’t raise the timeliness argument before the trial court. And the Court of Appeal finds that they forfeited it. 

Which is fine, because although the Court of Appeal doesn’t say so here, the deadlines in Rule 3.1702 are not jurisdictional. They can be extended for good cause, and consequently, objections based upon them can be forfeited by failing to timely raise them in superior court.

The Court of Appeal goes on to partially reverse for a different reason.

Reversed in part.