Order Dismissing Appeal Was Recently Published.
In Dr. V Productions, Inc. v. Rey, Case No. B312605 (2d Dist., Div. 5 Sept. 10, 2021) (published), the appellate court confronted whether the denial of a $273,484.56 attorney’s fees request under the trade secret fee-shifting statute (Civil Code section 3426.4) was appealable where the trade secret claim was dismissed even though other claims were outstanding.
The appellate court dismissed the appeal because the interlocutory order was not appealable. In this case, the collateral order doctrine did not apply because this was not a grant of fees ordering payment of money. The expansive interpretation of the collateral order doctrine was not prudent, especially given that other claims were pending (which did involve trade secrets issues, only under the rubric of other claims). Put another way, the review of the denial of trade secret fees had to await a further resolution of all claims.