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socrateaser, Lawyer
Category: Legal
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Experience:  Retired (mostly)
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Is there a statute of limitations on a borson motion

Customer Question

is there a statute of limitations on a borson motion
Submitted: 6 months ago.
Category: Legal
Expert:  socrateaser replied 6 months ago.
There isn't a statute of limitations, per se. However, the trial court has no power to rule on a Borson motion unless it is filed while the attorney movant, although discharged, is still the client's attorney of record; i.e., the Borson motion must be filed before an attorney substitution form is filed. Marriage of Borson, (1974) 37 Cal.App.3d 632, 638; see Marriage of Read (2002) 97 Cal.App.4th 476, 481-482 (where attorneys were discharged and told to take no further action, and client filed substitution and withdrew Borson motion, trial court had no jurisdiction to award fees to former counsel in pending disso action); compare Marriage of Erickson & Simpson (2006) 141 Cal.App.4th 707, 713-714 (court had power to decide and sign order on Borson motion after substitution of attorneys where motion filed before attorney substitution). So, the effective statute of limitations is the date that a Judicial Council MC-050 is filed with the court, which substitutes "out" the attorney seeking fees via a Borson motion. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!

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