Betouliere v. Bauman
This is the second time this case has been before this court. In 2005, this court reversed a post-judgment order awarding respondents Paul and Susan Betouliere attorney's fees in the amount of $139,389. (Betouliere v. Bauman (March 7, 2005, B174320) [nonpub. opn.] [hereafter "Bauman I"].) We held that the Betoulieres' motion for attorney's fees, filed two years after entry of the judgment, was untimely. Court affirmed the trial court's order striking the Betoulieres' cost bill in the amount of $29,693, on the ground that it was untimely as well.
Bauman appeals, contending that the trial court erred by (1) granting the Betoulieres' motion for relief under section 473; (2) denying Bauman's subsequent motion for reconsideration; and (3) denying Bauman's motion for attorney's fees and costs for prevailing in Bauman I. We reverse and remand with instructions. Court reverse the trial court's order of June 23, 2005, granting the Betoulieres' motion for relief under section 473 and the order of July 15, 2005, denying Bauman's motion for appellate attorney's fees and costs. Court remand this case with instructions to deny the Betoulieres' motion for relief under section 473, to grant Bauman's motion for an award of appellate attorney's fees and costs incurred in successfully prosecuting Bauman I, and to award Bauman reasonable appellate attorney's fees and costs incurred in successfully prosecuting the instant appeal.
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