Appellate Court Had No Jurisdiction To Entertain Challenge To Fee Award. We have posted on this topic many times, but McKillop v. Wallace, Case No. B283783 (2d Dist., Div. 5 July 15, 2019) (unpublished) is yet another cruel reminder to litigants and counsel to separately appeal post-trial fee awards. In this one, plaintiff was […]
Appellant Sealed His Fate Based On Oral Argument Concessions. Gallegos v. Tesoro Sierra Properties, LLC, Case No. B282757 (2d Dist., Div. 3 June 19, 2019) (unpublished) is a case where an appeal was dismissed for lack of clarity in what was included in the notice of appeal. Appellant only appealed a judgment and then
2/1 DCA Also Refuses To Treat It As An Extraordinary Writ Petition From The Denial Order. The Mandatory Fee Arbitration Act (MFAA) establishes a system for a client to arbitrate attorney’s fee disputes before local bar associations, with it being mandatory for attorneys if clients so initiate an arbitration but optional if clients do
Appeal Of Prior Merits Addition Of New Judgment Debtor Order Did Not Divest Trial Court Of Jurisdiction To Rule On Fee Motion. In SMA Liquidating Corp. v. Leech Tishman Fuscaldo & Lampl, LLP, Case No. B287960 (2d Dist., Div. 7 May 13, 2019) (unpublished), the trial judge allowed a second request for consideration of
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 In Kottler v. City of Los Angeles, Case No. B278276 (2d Dist., Div. 1 February 4, 2019) (unpublished), next door neighbors successfully obtained mandamus over a zoning adjustment made in favor of another neighbor.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
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 In Lall-Yepez v. Pukka, Case No. B283975 (2d Dist., Div. 5 Jan. 14, 2019) (unpublished), respondent won a civil harassment restraining order issued under CCP § 527.6 against appellant, who appealed.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,
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 In Schermer v. Upland Cascade, L.P., Case No. D072997 (4th Dist., Div. 1 Jan. 11, 2019) (unpublished), a first superior court judge “struck” class allegations
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 Sanders v. Chun, Case No. B284704 (2d Dist., Div. 4 Dec. 18, 2018) (unpublished) demonstrates a lesson we have posted on many times before: protectively appeal a post-judgment fee order even if might be
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.
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
