Cases: Appealability

Appealability, Private Attorney General: Where Trial Judge Only Struck Private Attorney General Entitlement Language Inserted In A Proposed Judgment, But Did Not Preclude A Further Fee Motion, Appeal Of The “Striking” Action Was Premature

Cases: Appealability, Cases: Private Attorney General (CCP 1021.5)

There Was No Ruling To Be Appealed From.             In Kottler v. City of Los Angeles, Case No. B278276 (2d Dist., Div. 1 February 4, 2019) (unpublished), next door neighbors successfully obtained mandamus over a zoning adjustment made in favor of another neighbor. Petitioners submitted a proposed judgment indicating that they were entitled to fees […]

Appealability: Expiration Of Restraining Order Did Not Moot Appeal Where Outcome On The Merits Could Determine Whether Prevailing Party Entitled To Attorney’s Fees

Cases: Appealability

However, Merits Order Was Reversed, So No Fees Would Be Awarded To Prior Prevailing Party.             In Lall-Yepez v. Pukka, Case No. B283975 (2d Dist., Div. 5 Jan. 14, 2019) (unpublished), respondent won a civil harassment restraining order issued under CCP § 527.6 against appellant, who appealed. However, the restraining order expired by its terms,

Appealability, POOF!: Dismissed Defendants’ Later $155,182.50 Fee Award Went POOF! On Appeal Because Defendants Did Not Attempt To Correct Earlier Judgment Indicating No Fees Were To Be Awarded

Cases: Appealability, Cases: POOF!

Lower Court Had No Power To Change Prior Judgment And Then Award Fees.             The result in this case may sound harsh, but it appears to be legally sound.             In Schermer v. Upland Cascade, L.P., Case No. D072997 (4th Dist., Div. 1 Jan. 11, 2019) (unpublished), a first superior court judge “struck” class allegations

Appealability: Appellate Challenge To Defense Fee Award Under CAR Form Contract Could Not Be Considered

Cases: Appealability

Post-Judgment Fee Proceeding Considered Both Entitlement And Amount, So Failure To Mention Fee Award In Notice Of Appeal Was Fatal.             Sanders v. Chun, Case No. B284704 (2d Dist., Div. 4 Dec. 18, 2018) (unpublished) demonstrates a lesson we have posted on many times before: protectively appeal a post-judgment fee order even if might be

Appealability, SLAPP: Litigant’s Failure To Identify Fee Award In Notice Of Appeal Prevented Appellate Court From Entertaining The Challenge

Cases: Appealability, Cases: SLAPP

Appellate Court Did Note Split On Appealability Issue Which Was Unnecessary To Resolve.             A litigant only appealed a SLAPP ruling, never mentioning a fee award as also being challenged in the notice of appeal. That made it an easy call for the 2/8 DCA in Mostafavi v. Kingsley, Case No. B286081 (2d Dist., Div.

Appealability: Where Judgment Reserved Fee Entitlement Decision For A Later Noticed Motion, Eventual Losing Party’s Appeal Of Just The Judgment Rather Than Subsequent Fee Award Meant Appellate Court Could Not Entertain Appeal On Fee Issue Down The Line

Cases: Appealability

No Entitlement Determination Made In Judgment, So Separate Appeal Of Later Fee Order Required.             We do not want to drum a theme we have stressed before, which is to separately appeal fee determinations. We are in the Holidays, so – pa rum pum pum (ala Drummer’s Boy lyrics on a Holiday song) – we

Appealability, Probate: $19,125 Attorney’s Fees And $537.94 Cost Orders Affirmed On Appeal For Beneficiaries’ Bad Faith Accounting Petition Directed Against Trustee

Cases: Appealability, Cases: Probate

Decision Reminds Us That Probate Court Orders, For Appealability Purposes, Are Determined Under the Probate Code.             Armstead v. De Macias, Case No. B284275 (2d Dist., Div. 4 Oct. 16, 2018) (unpublished) involved beneficiaries’ appeal of a probate court determination that $19,125 in attorney’s fees and $537.94 in costs should be awarded to trustee for

Appealability, Sanctions: Later Order Vacating Default Judgment Was Appealable But Stayed Where Prior Appealed Order Had Required $27,968.75 In Attorney’s Fees And Costs To Vacate Default Judgment

Cases: Appealability, Cases: Sanctions

Result Was Defendant Had 25 Days After Remittitur To Pay Fee/Costs Vacate Award, With Dissenting Justice Believing That The Fees/Costs Award Should Be Reduced Down By Another $17,250.             This next case, F&S Investment Properties v. Nguyen-Stevenson, Case Nos. B281031/B281973 (2d Dist., Div. 1 Oct. 9, 2018) (unpublished), is a 2-1 decision regarding stay appealability

Appealability, Special Fee Shifting Statute: Law Of The Case Did Not Prevent Lower Court From Considering Alternative Ground For Fee Entitlement Ignored Previously In Prior Appellate Decision

Cases: Appealability, Cases: Special Fee Shifting Statutes

However, Fee Recovery Under Government Code Section 800(a) Limited To $7,500 Per Case, No Matter How Many Parties Or Whether Multiple Issues Were Involved.             Fratus v. County of Contra Costa, Case No. A153424 (1st Dist., Div. 1 Sept. 28, 2018) (unpublished) is a situation where the appellate court reversed the denial of attorney’s fees

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