Employment—Nicolosi v. Cooper, Case No. B264459 (2d Dist., Div. 6 May 17 2017) (Unpublished)–$64,000 In Fees Just Fine In $80,933.75 Back Wages Case.
This one is not hard to fathom. Employee obtained $80,933.75 in back wages and $64,000 in attorney’s fees (out of a requested $130,000). Employee appealed, arguing not enough was awarded as far as fees. Naught. The trial judge properly apportioned out time spent on trust/mortgage claims—no abuse of discretion here in not awarding more.
Indemnity—Montebello Unified School Dist. v. Fitness Profile, Inc., Case No. B267436 (2d Dist., Div. 1 May 17, 2017) (Unpublished)—Big Fee Grant Reversal Where Fees Clause Was A True Indemnity Clause And Nothing More.
The second one was no problem for the appellate court, even though the trial judge granted $672,317.96 in attorney’s fees based on contractual fees clauses in operative contracts. The reviewing court reversed the fee award after determining the fees clauses were true third-party indemnification provisions rather than true fee clauses, relying on the Building Maintenance-Myers line of cases in overturning fees on appeal.
Appeal Sanctions—Kinney v. Clark, Case No. B265267 (2d Dist., Div. 1 May 17, 2017) (Published)–$10,000 For Frivolous Appeal Levied Against Loser.
The last one involved multi-year litigation by a losing party seeking to avoid payment of a modest, earlier attorney’s fees award, even though fees kept mounting once loser kept going on, and on, and on. Loser unsuccessfully argued that the fee awards were void, such that loser was declared a vexatious litigant. The appellate court could find no authority indicating that an appeal from a fee order prevented the lower court from entering further fees for “in the pipeline” activities giving rise to fees despite the fact that the appeal had not yet been decided. The Court of Appeal ultimately decided that loser needed to pay $10,000 for a frivolous appeal in this matter.