Cases: Appealability

Appealability, Prevailing Party, Section 1717:  Although Defendants’ Appeal Of An Order Denying Attorney’s Fees After A Voluntary Dismissal Was Accepted, The Request For Prevailing Party Fees Was Premature

Cases: Appealability, Cases: Prevailing Party, Cases: Section 1717

That Was The Case Because Plaintiff And Defendants Were Still In Arbitration. This next case had a little bit of everything: appealability, prevailing party, Civil Code section 1717, and prematurity issues. In BRHE Group v. Bates, Case No. G065703 (4th Dist., Div. 3 Oct. 15, 2026) (unpublished), plaintiff sued defendants under a business purchase contract

Appealability, Landlord/Tenant, Non-Signatories, Reasonableness Of Fees:  Prevailing Defendant Tenants, Including Two Non-Signatory Occupants, Properly Were Awarded Contractual Attorney’s Fees Under Lease Provisions When Defendants Defensed Plaintiff Landlord’s Unlawful Detainer Action Based On An Invalid Three Day-Notice

Cases: Appealability, Cases: Landlord/Tenant, Cases: Nonsignatories, Cases: Reasonableness of Fees

Fee Award Was $50,000, A Contractually Capped Amount, Even Though Defendants’ Counsel Expended $73,865 In Fees. In SM 10000 Property, LLC v. Chakchay, Case No. B350752 (2d Dist., Div. 5 Sept. 9, 2026) (unpublished), plaintiff landlord filed an unlawful detainer action against defendant signatory tenant and two other non-signatory tenants named as occupants.  The lower court

Appealability: In A Civil Online Harassment Proceeding, Losing Appellant’s Failure To Separately Appeal The Adverse Fee Award Means The Appellate Court Lacked Jurisdiction To Consider Arguments Against It

Cases: Appealability

A Lesson We Have Posted On Many Times Before—Separately Appeal, Protectively. In Boisot v. Logan, Case No. D085234 (4th Dist., Div. 1 June 25, 2026) (unpublished), parties filed dueling requests for restraining orders against each other for online harassment.  Respondent’s request was granted, but Appellant’s request was denied.  Later, the lower court granted Respondent $32,541.40

Appealability, SLAPP: 2/7 DCA Again Holds That Order Granting Prevailing Party’s Motion For SLAPP Fees Is Not Appealable

Cases: Appealability, Cases: SLAPP

This Follows Its Earlier Conclusion In The Published Clapkin Case. On March 17, 2026, we posted on Clapkin v. Levin, 119 Cal.App.5th 222 (2026), a 2/7 DCA opinion where the appellate court determined that an order denying a SLAPP fee motion is not appealable.  The same Division followed that reasoning in Moussazadeh v. Integrative Surgical

Appealability, Prevailing Party, Special Fee Shifting Statutes:  Because Order Taking A Civil Harassment Petition Off Calendar Was Not An Appealable Order, Denial Of Attorney’s Fees To Defense Had To Be Remanded To See If There Was A Prevailing Party

Cases: Appealability, Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

Whether A Prevailing Party Even Exists Should Be Determined By The Lower Court, But The Fee Motion Was Timely. In Raheb v. Williamson, Case No. B343023 (2d Dist., Div. 6 May 4, 2026) (unpublished), petitioner sought to obtain a temporary restraining order against defendant, a condominium community fellow resident.  This request was denied pending a

Appealability, Costs: Plaintiffs Previously Dismissing A Case Voluntarily Cannot Attempt To Resurrect Arguments Relating To Prior Nonappealable Orders Through A Subsequent Partially Denied Routine Costs Order

Cases: Appealability, Cases: Costs

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,

Appealability, Class Actions: Order Denying A Plaintiff’s Request To Be Exempt From Coordinated Proceeding Common Benefit Surcharge By Other Attorneys Is Affirmed On Appeal

Cases: Appealability, Cases: Class Actions

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

Appealability, Probate, Sanctions: Plaintiff Did Not Appeal Attorney Fee and Sanctions Orders, But The 2/1 DCA Reversed Them On Appeal When Plaintiff Appealed Trial Court’s Denial Of His Motion To Vacate

Cases: Appealability, Cases: Probate, Cases: Sanctions

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

Appealability: Defendant Hit With Wage/Hour Attorney’s Fees Could Not Challenge The Award Because It Failed To Independently Appeal The Postjudgment Fee Order

Cases: Appealability

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

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