Appealability: Attorney’s Fees Denial Order Was Nonappealable Because No Judgment Of Dismissal Had Been Filed

Collateral Order Doctrine Did Not Save The Day, Either.

            The 2/7 DCA, in Sanchez v. Westlake Services, LLC, Case No. B308435 (2d Dist., Div. 7 Jan. 18, 2022) (published), is a situation where a lower court denied a motion for attorney’s fees (but granted costs and prejudgment interest) after plaintiff reached a settlement but before a dismissal of the lawsuit was filed or before there was a request for entry of judgment.  Plaintiff appealed the fee denial, but the appeal was the dismissed.  The reason was that the fee denial occurred before plaintiff filed a lawsuit dismiss, which means the appeal was not from a postjudgment order.  The collateral order doctrine did not save the day, because a fee denial was at issue rather than on order requiring payment of money. 

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