This sample motion for attorney fees in California is filed pursuant to Civil Code section 1717 on the grounds that the moving party is the prevailing party in an action on a contract in California. The sample on which this preview is based is 13 pages and include brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
NOTICE OF MOTION AND MOTION FOR
AWARD OF ATTORNEY’S FEES AND COSTS;
MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF __________;
EXHIBITS
DATE:
TIME:
DEPT:
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address.
Be sure to remove this notice and all other notices before using
this document.
TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
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NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEY’S FEES AND COSTS

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PLEASE TAKE NOTICE that on _______________ at ________.m. or as soon thereafter as
the matter may be heard in Department ____ of the above-entitled court located at
_______________________________, ______________ will and hereby does move this Court for
an award of attorney’s fees and costs in the amount of $________ on the grounds that _______
obtained a judgment in their favor against _________ on __________and this Court specifically
stated in said Judgment that _______ was entitled to attorney’s fees and costs pursuant to noticed
motion. This motion will be made under Civil Code § 1717 on the grounds that the prevailing party in
a contract containing an attorney fee provision shall be awarded reasonable attorney fees and costs.
This motion will be based on this notice of motion, the attached points and authorities, the
declaration of ____________________, and Exhibits, and upon such oral and documentary evidence
as may be presented by the moving party at the time of the hearing.
DATED: ______________________
LAW OFFICES OF SAMPLE ATTORNEY
By_______________________________________
Attorney for _____________________
The prevailing party contractually or statutorily entitled to attorney fees must serve and
file a motion for attorney fees within the time for filing a notice of appeal under CRC rules
8.104 and 8.108. (CRC rule 3.1702(b) (1).) Generally, that means 60 days from notice of entry of
judgment, with an additional 30 days if certain valid post-judgment motions are filed such as a
Motion for New Trial or JNOV.
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NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEY’S FEES AND COSTS

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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
This case arises from DESCRIBE CASE HERE SUCH AS BREACH OF CONTRACT,
ETC.
On _________ judgment was entered in favor of the moving party and against _______. See
the judgment on file and Exhibit “_” to the declaration of concurrently filed and served herewith and
incorporated herein by reference.
Said judgment specifically stated that _____________ was entitled to their reasonable
attorney’s fees and costs pursuant to noticed motion.
Moving party is requesting an award of attorney’s fees and costs in the amount of $______
and contends that said amount is reasonable considering LIST HERE THE SPECIFIC FACTS
SUPPORTING YOUR CONTENTION THAT THE ATTORNEY’S FEES AND COSTS ARE
REASONABLE. PROVIDE A BRIEF PROCEDURAL OUTLINE OF THE CASE THAT
SUPPORTS YOUR REQUEST. See the declaration of ________ and Exhibits attached thereto
concurrently filed and served herewith and incorporated herein by reference.
To view the sample document on which this preview is based visit:
https://www.scribd.com/document/318472505/Sample-Motion-for-
Attorney-Fees-Under-Civil-Code-section-1717-in-California
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NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEY’S FEES AND COSTS