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 […]
No Categorical Grant On This Costs Category, But Discretionary Call For Lower Court. In Segal v. ASICS America Corp., Case No. S263569 (Cal. Supreme Court Jan. 13, 2022) (published), the California Supreme Court confronted a split on appellate thinking on whether trial exhibit photocopies and demonstrative aids, not used during the trial, can be
Prevailing Party Did Try To Mediate Within The Deadline, But Nonprevailing Party Didn’t Comply. Seller prevailed in a lawsuit against Buyer which was subject to a contractual attorney’s fees clause. The contract between the two sides had a mediation clause requiring good faith efforts to mediate within a 45-day period. Seller provided six options
Failure To File Was Dispositive To Majority Opinion; Dissent Believed That The Fee Entitlement Request In The SLAPP Motion Papers Properly Teed Up The Issue. Over a dissent, a majority of an appellate court panel in Catlin Ins. Co., Inc. v. Danko Meredith Law Firm, Inc., Case No. A160358 (1st Dist., Div. 4 Jan.
Case Deals With Lemon Law Section 998 Offer Terms and Validity. In our January 4, 2022 post, we posted on Covert v. FCA USA, LLC, Case No. B303663 (2d Dist., Div. 7 Jan. 4, 2022), unpublished at the time. It considered CCP § 998 offers in a lemon law case, specifically what terms are appropriate
Appellate Court Found That Fee/Costs Awards Were Not Premature. In Borisoff v. The Pullman Group, LLC, Case No. B297162 et al. (2d Dist., Div. 1 Jan. 11, 2022) (unpublished), a substantial prior arbitration award was vacated, a lower court refused to grant a new motion to compel arbitration, and the lower court awarded the
Distinction Between Enforcement Fees And Appellate Fees Set Forth In McQueen Governed. In Laue v. Ortiz, Case No. H047475 (6th Dist., January 7, 2022) (unpublished), defendant successfully SLAPPed plaintiff’s complaint and was awarded fees and costs as mandated under Code Civ. Proc. § 425.16(c)(1) – the anti-SLAPP fee shifting provision. After unsuccessfully appealing
Trespass Claims Were Brought Only For The Purpose Of Recovering Attorney Fees To Which Cross-Complainant Would Otherwise Not Be Entitled As Their Lawsuit Was, At Its Core, A Quiet Title Action To Settle A Boundary Dispute. Code of Civil Procedure § 1021.9 allows for the recovery or reasonable attorney fees to the prevailing party
Husband’s Conclusory Assertions Of Trial Court Error With No Record On Appeal, No Supporting Argument Nor Legal Authority, And His Failure To Have Followed Statutory Procedure In The Lower Court Doomed His Appeal. In Marriage of Joe and Lee, Case No. H047392 (6th Dist., January 7, 2022) (unpublished), the trial court awarded wife $2,520
Costs And Fee Awards Will Have To Be Reexamined. In Covert v. FCA USA, LLC, Case No. B303663 (2d Dist., Div. 7 Jan. 4, 2022) (unpublished), an automaker was found liable to the vehicle owner for $48,416 under a Song-Beverly Act lemon law case. However, earlier, automaker made two separate CCP § 998 offers
