Conservatorship of Spears
Appellant Sam Lutfi (Lutfi) appeals from a trial court order awarding attorney fees to petitioners and respondents James P. Spears and Andrew M. Wallet (collectively respondents). At issue is whether respondents’ renewed motion for attorney fees is governed by Code of Civil Procedure section 1008, subdivision (b) (section 1008), or rule 3.1702 of the California Rules of Court (rule 3.1702). Lutfi contends that rule 3.1702 controls, and that respondents’ renewed motion for attorney fees was untimely pursuant to that rule. Alternatively, Lutfi argues that even if section 1008 governs, respondents’ renewed motion was still untimely and should have been denied. Contrariwise, respondents assert that section 1008, subdivision (b), controls, and that their renewed motion for attorney fees was not untimely.
Like the trial court, we conclude that section 1008, subdivision (b), controls, and that respondents’ renewed motion for attorney fees was not untimely. Accordingly, we affirm the trial court’s order awarding attorney fees against Lutfi and in favor of respondents.
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