1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION FOR
) AWARD OF ATTORNEYS FEES AND COSTS;
13 vs. ) MEMORANDUM OF POINTS AND
) AUTHORITIES; DECLARATION OF __________;
14 Any Defendant, and DOES 1-5 ) EXHIBITS
)
15 Defendants. ) DATE:
) TIME:
16 ) DEPT:
)
17 )
)
18 )

19
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21 http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail

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address.
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24 Be sure to remove this notice and all other notices before using
25
this document.
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27 TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:

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- 1 -
NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES AND COSTS
 1 PLEASE TAKE NOTICE that on _______________ at ________.m. or as soon thereafter as
2 the matter may be heard in Department ____ of the above-entitled court located at
3
_______________________________, ______________ will and hereby does move this Court for
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an award of attorneys fees and costs in the amount of $________ on the grounds that _______
5

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obtained a judgment in their favor against _________ on __________and this Court specifically

7 stated in said Judgment that _______ was entitled to attorneys fees and costs pursuant to noticed

8 motion. This motion will be made under Civil Code 1717 on the grounds that the prevailing party in
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a contract containing an attorney fee provision shall be awarded reasonable attorney fees and costs.
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This motion will be based on this notice of motion, the attached points and authorities, the
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declaration of ____________________, and Exhibits, and upon such oral and documentary evidence
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13 as may be presented by the moving party at the time of the hearing.

14 DATED: ______________________
15
LAW OFFICES OF SAMPLE ATTORNEY
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17
By_______________________________________
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19 Attorney for _____________________

20 The prevailing party contractually or statutorily entitled to attorney fees must serve and
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file a motion for attorney fees within the time for filing a notice of appeal under CRC rules
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8.104 and 8.108. (CRC rule 3.1702(b) (1).) Generally, that means 60 days from notice of entry of
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judgment, with an additional 30 days if certain valid post-judgment motions are filed such as a
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25 Motion for New Trial or JNOV.

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27

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NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES AND COSTS
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
This case arises from DESCRIBE CASE HERE SUCH AS BREACH OF CONTRACT,
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6
ETC.

7 On _________ judgment was entered in favor of the moving party and against _______. See

8 the judgment on file and Exhibit _ to the declaration of concurrently filed and served herewith and
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incorporated herein by reference.
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Said judgment specifically stated that _____________ was entitled to their reasonable
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attorneys fees and costs pursuant to noticed motion.
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13 Moving party is requesting an award of attorneys fees and costs in the amount of $______

14 and contends that said amount is reasonable considering LIST HERE THE SPECIFIC FACTS
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SUPPORTING YOUR CONTENTION THAT THE ATTORNEYS FEES AND COSTS ARE
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REASONABLE. PROVIDE A BRIEF PROCEDURAL OUTLINE OF THE CASE THAT
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SUPPORTS YOUR REQUEST. See the declaration of ________ and Exhibits attached thereto
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19 concurrently filed and served herewith and incorporated herein by reference.

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To purchase the entire 13 page document visit:
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22 https://legaldocspro.myshopify.com/products/sample-motion-for-
23
attorney-fees-under-civil-code-section-1717-in-california
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25

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NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES AND COSTS