Appealability, Costs, Fee Clause Interpretation: Lower Court’s Grant Of Expert Fee Costs To Defendant And Denial Of Attorney’s Fees To Defendant Affirmed On Appeal

Lack Of Adequate Record Doomed Both Appeals, But They Also Failed On The Merits.

               In Paige v. Nolan, Case No. B322162 (2d Dist., Div. 5 Dec. 13, 2024) (unpublished), plaintiff refused a CCP § 998 offer in a legal malpractice case, with defendant attorney winning.  The lower court did award attorney some expert witness fees based on the 998 offer, but it denied attorney’s request for fees based on a narrow retainer agreement clause.  Both sides appealed, but the results held up on appeal. 

               Both sides had problems because they had no reporter’s transcripts to show what occurred at the costs/fees hearings.  That alone justified a denial of respective appeals.

               But, even if the merits were considered, there was enough evidence of record to support the expert witness fee award.  With respect to the fee denial request by attorney, the retainer agreement was narrowly focused on fee collection issues, not professional malpractice claims, such that the fee denial was proper.