In what circumstances will a court grant an award of costs and fees for the untimely filing of a cost memorandum and motion for attorney fees?

Appellants cite Sanabria v. Embrey (2001) 92 Cal.App.4th 422 (Sanabria) in support of their argument that the untimely filing of a cost memorandum and motion for attorney fees precludes an award of costs and fees. The court in Sanabria did not address a trial court's discretion to extend the time for filing a motion for attorney fees under rule 3.1702(d). Sanabria accordingly does not compel a different outcome in this case.

Appellants next contend the trial court erred by not requiring respondents to file a motion for relief under section 473, and the existence of a purported conflict of interest between respondents and another defendant in the action precludes an attorney fee award. We do not address appellants' claim that a section 473 motion should have been granted, because neither party filed such a motion in this case, nor do we address appellants' argument that a conflict of interest precludes the award of statutory attorney fees, as appellants cite no authority to support that argument. Goldstein v. Lees (1975) 46 Cal.App.3d 614, on which appellants rely, involved the withholding of payment by a

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