Get your appellate costs bills filed timely! Attempts to squeeze out extra time beyond the usual 40 days don't work well, as seen in this published opinion today here:
Maria’s motion for attorney fees on appeal and her memorandum of costs on appeal were filed 42 days after the remittitur was issued—that is, after it was entered in the record. California Rules of Court, rule 8.278(c)(1) provides that such requests must be filed “[w]ithin 40 days after issuance of the remittitur.” Maria contends her requests were timely because the remittitur was sent to her attorney by email and the two-day extension for documents served electronically applies to the remittitur. (See § 1010.6, subd. (a)(3)(B).) The parties have cited, and we have located, no published decision resolving whether the statutory extensions for service apply to a remittitur. Accordingly, we publish our conclusion that the extension of filing periods that begin to run “after service of the document” by electronic means (§ 1010.6, subd. (a)(3)(B)) does not apply to a remittitur. A remittitur is merely sent to the parties, it is not served on them.
The MetNews's article is Clock Starts at Issuance of Remittitur for Request for Fees as Costs on Appeal -- Opinion Says Date of Entry on Record Starts 40-Day Time Limit for Motion; Requestor Not Entitled to Statutory Two-Day Extension for Documents Served Electronically