Cases: Appealability

Appealability, Discovery: Appeal From Final Judgment Does Preserve Challenges To Discovery Rulings.

Cases: Appealability, Cases: Discovery

2/4 DCA Finds Persuasive Reasoning From Prior 2/8 Decision On This Issue.             We found Baiul-Farina v. Crown Media Holdings, Inc., Case No. B279653 (2d Dist., Div. 4 Aug. 21, 2019) (unpublished) interesting, not because it affirmed discovery sanctions rulings, but for its discussion on appealability.  Appellant argued that discovery sanctions rulings were not appealable

Appealability: Appellant’s Failure To Specify Appeal From Postjudgment Order Denying Motion To Tax Costs Did Not Encompass Award Of CCP § 998 Expert Fees To Defendants, Requiring Dismissal Of The Appeal

Cases: Appealability

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             Gallegos v. Tesoro Sierra Properties, LLC, Case No. B282757 (2d Dist., Div. 3 June 19, 2019) (unpublished) is a case where an appeal was dismissed for lack of clarity in what was included in the notice of appeal.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

Appealability: Denial Of Motion To Compel Mandatory Fee Arbitration Act Arbitration Is Not An Appealable Order

Cases: Appealability

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

Appealability, Section 1717: $9,000 SLAPP Fee Award Affirmed Given That Trial Court Invited It Through An Amended Motion

Cases: Appealability, Cases: Section 1717

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 v. Leech Tishman Fuscaldo & Lampl, LLP, Case No. B287960 (2d Dist., Div. 7 May 13, 2019) (unpublished), the trial judge allowed a second request for consideration of

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

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