2/7 DCA Decides To Follow Its Prior Opinion in Doe v. Luster. In Clapkin v. Levin, Case No. B340606 (2d Dist., Div. 7 Mar. 16, 2026) (published), Acting Justice Segal on behalf of a 3-0 2/7 DCA panel dismissed an appeal brough by cross-complainants from a request for an award of SLAPP fees after cross-defendants’ […]
The Costs Order Under Review Was Not Final. This post likely will be of interest to appellate attorneys on appealability issues, but it may guide trial level litigation counsel on what type of routine costs orders will be considered as appealable. In Viani v. Fair Oaks Estates, Inc., Case No. C102857 (3d Dist. Jan. 28,
Appellate Court Determines It Is Appealable Under The Collateral Order Doctrine, But Appellant Still Loses On The Merits. In Pruchnik v. JCCP464 Common Benefit Comm., Case No. B330338 (2d Dist., Div. 7 Nov. 17, 2025) (published), plaintiff, in a coordinated proceeding involving Toyota unintended acceleration cases with relates issues, settled his case but brought a
Defendant Lacked Standing For The Initial Fee Motion It Brought – Nullifying The Order Granting The Motion And Each Subsequent Order Based On Plaintiff’s Failure To Comply With Void Initial Fee Order After being fired by Plaintiff trustee, Defendant law firm successfully brought a motion for fees under Probate Code § 17200. When trustee failed
The Notice Of Appeal Only Attached The Merits Judgment, Which No Mention Of Fees. Myers v. Quality Care Home, Inc., Case No. C101659 (3d Dist. Aug. 20, 2025) (unpublished) involved a situation we have seen many times. Defendant was hit with a $78,000 wage/hour fee award after a more minor unpaid wage judgment was
The First Fee Award Appeal Divested Appellate Court Of Jurisdiction On Second Award. Weaklend v. Weaklend, Case Nos. D086167 et al. (4th Dist., Div. 1 July 30, 2025) (unpublished) confirms that an appellate court is divested of jurisdiction from considering an appeal of a subsequent Family Code section 2030 fee award where the same
4/3 DCA Dismissed The Appeal As The Trial Court’s Interlocutory Order On The Discovery Referee Fees Was Not A Sanctions Order, Did Not Use The Word Sanctions, And Did Not Cite Authority To Impose Sanctions. The parties in Glickman v. Krolikowski, Case No. G064853 (4th Dist., Div. 3 March 7, 2025) (published), stipulated to
Appeal Was Dismissed. The defense in Ali v. Dignity Health, Case No. B331058 (2d Dist., Div. 5 Dec. 31, 2024) (unpublished) won some aspects of a SLAPP motion and was granted some mandatory fees, but the defense appealed and claimed that the SLAPP motion should have been granted in entirety and more fees awarded.
Lodestar Analysis Does Not Apply In A Brandt Contingency Case Situation. Under Brandt v. Superior Court, 37 Cal.3d 813 (1985), a jury or lower court (via a posttrial stipulation for the court) can award attorney’s fees to a prevailing plaintiff as damages in an insurance case limited to the time spent to recover the
Another Lesson We Have Preached: Appeal Separate Costs And Sanctions Orders. In Abelar v. Providence Health System-Southern California, Case No. B321885 (2d Dist., Div. 3 Dec. 13, 2024) (unpublished), plaintiffs lost a medical malpractice case against numerous defendants, with the lower court imposing CCP § 128.5 sanctions of $11,425 against plaintiff’s counsel as to
