Litigant Had To Raise The Issue In A Writ Petition, Which Litigant Did Not Do—Appellate Court Lacked Jurisdiction To Consider The Fee Award.
A probate litigant in Wilkin v. Nelson, Case No. B294530 (2d Dist., Div. 6 Feb. 3, 2020) (certified for partial publication Feb. 26, 2020; fee discussion not published) was ordered to pay $4,500 in attorney’s fees incurred after the probate court successfully granted the other side’s motion to expunge a lis pendens on some real property. The trial judge can make such a fee award under Code of Civil Procedure section 405.38.
The aggrieved litigant subsequently appealed the fee award after bringing an unsuccessful writ petition to challenge the lis pendens expungement. The 2/6 DCA found it had no jurisdiction to consider the appeal of the fee award. The reason? Answer: the litigant did not raise the issue of attorney’s fees in the writ petition, such that he waived the only recourse for appellate review.