Mere Disagreement With Prior Appellate Opinion Does Not Impact Law of the Case Doctrine.
In Tennen v. Finstad, Case No. B217765 (2d Dist., Div. 2 Feb. 10, 2010) (unpublished), losing litigants on an order denying an attorney’s fees motion brought a prior successful appeal in which the Court of Appeal reversed an order denying the request to award attorney’s fees. The loser on appeal failed to file a petition for rehearing or for review with the California Supreme Court. Loser (who was ordered to recover postoffer fees and costs by virtue of a CCP § 998 offer) appealed the prior reversal in favor of the parties held entitled to fees.
Loser lost a bid for a reversal because he failed to challenge the prior appellate opinion correctly, invoking the application of the doctrine of law of the case. Because he simply disagreed with the prior appellate determination, this type of challenge does not demonstrate injustice so as to set aside application of law of the case. (Morohoshi v. Pacific Home, 34 Cal.4th 482, 491-492 (2004).)