Cases: 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             Fratus v. County of Contra Costa, Case No. A153424 (1st Dist., Div. 1 Sept. 28, 2018) (unpublished) is a situation where the appellate court reversed the denial of attorney’s fees […]

Appealability, Interpleader: Losing Defendants’ Appeal Of Adverse Discharge Order After Fee Recovery Was Timely For Purposes Of Preserving Discharge Review From The Later Fee Order

Cases: Appealability, Cases: Interpleader

However, Defendants Still Lost.             The facts are not really relevant for purposes of our post in Ponticelli v. Ason, Case No. B277763 (2d Dist., Div. 1 July 30, 2018) (unpublished) because the prime issue was whether defendants in an interpleader action timely filed an appeal on the merits of the discharge by appealing the

Appealability, Class Action: Class Representative’s Appeal Of Fee Award Against Her Counsel Was Dismissed

Cases: Appealability, Cases: Class Actions

Class Representative Was Not Aggrieved To Have Standing To Appeal.             A class representative in a misclassification wage/hour class action appealed a fee award against one of her attorneys. The appeal was dismissed because the class representative was not aggrieved, with the impacted attorney not appealing so as to preserve the issue for review.   The

Appealability, Family Law: Litigant’s Failures To Specify Fee Order As Subject Of Notice Of Appeal And As Appeal Subject In Civil Information Statement Were Fatal In Nature

Cases: Appealability, Cases: Family Law

Although Notices Of Appeal Are Construed Liberally, The Order Under Appeal Still Must Be Specified With Some Precision.             Marriage of Schoenfeld, Case No. B281835 (2d Dist., Div. 7 June 18, 2018) (unpublished) is a reminder to appellants that some precision must be made in both the notice of appeal and the appellate civil information

Appealability, Receivers, Special Fee Shifting Statutes: Grant Of Attorney’s Fees And Expenses To City Of Indio And Against Property Lender/Receivership Estate In Public Abatement Action Reversed As A Matter Of Law

Cases: Appealability, Cases: Receivers, Cases: Special Fee Shifting Statutes

Two Health And Safety Code Fee Shifting Statutes And Indio Municipal Fee Shifting Provision Did Not Provide Bases For Fees/Expenses Against Lender/Receiver.             In Kaura v. Stabilis Fund III, LLC/City of Indio (as intervenor), Case No. E065751 (4th Dist., Div. 2 June 13, 2018) (partially published; appealability discussion not published), lender with a deed of

Appealability/Discovery/Sanctions:  Separate Discovery Sanctions Cannot Be Aggregated For Purposes Of Meeting $5,000 Appealability Threshold

Cases: Appealability, Cases: Discovery, Cases: Sanctions

Two Separate Sanctions Below $5,000 Cannot Be Aggregated For Appealability Purposes.             In Mitchell Anthony Productions, LLC v. Baron, Case No. B282974 (2d Dist., Div. 5 Mar. 28, 2018) (unpublished), the trial judge awarded $4,860 in discovery sanctions on separate motions to compel further discovery responses to the interrogatories and requests

Appealability:  Court Of Appeal Could Not Entertain $1,081,500 Fee Award Challenge Because Appellant Did Not File Appeal From Subsequent Fee Order

Cases: Appealability

Appellant Did Not Check A Couple Of Additional Boxes On Judicial Council Notice Of Appeal Form.             Although the Judicial Council has a simple and excellent Notice of Appeal form, take care how you fill it out.  The next case, USA National Title Co., Inc. v. Cayton, Case No. G051810 (4th Dist., Div. 3 Jan.

Appealability/POOF!/SLAPP:  Reversal Of SLAPP Merits Recovery Means Fee Recovery Went POOF!

Cases: Appealability

SLAPP Fee Award Is Appealable.             In Kessey v. Los Robles Regional Medical Center, Case No. B277523 (2d Dist., Div. 6 Jan. 18, 2018) (unpublished), the appellate court in an earlier unpublished decision reversed an anti-SLAPP order in defendants’ favor.  That meant the defense SLAPP fee recovery of $52,500 also went POOF!  Defendants argued that

Appealability, Equity, Fee Clause Interpretation:  Four California Intermediate Appellate Courts Address Diverse Attorney’s Fees Issues

Cases: Appealability, Cases: Equity, Cases: Fee Clause Interpretation

Galindo v. Polakoff, Case No. D071555 (4th Dist., Div. 1 Nov. 29, 2017) (Unpublished)—Equity/Offsets.             In this one, the Court of Appeal affirmed an offset determination by the trial judge where it did grant fees to one party prevailing but even after an offset conclusion was reached.  Must reading for practitioners facing offset issues under

Appealability:  Failures To Provide Tentative Decision And Reporter’s Transcript of Fee Hearing Were Fatal When Discretionary Issues Involved

Cases: Appealability

These Failures Precluded Showing Abuse Of Discretion In Failing To Apportion.             Park v. Joong-Ang Daily News Calif., Inc., Case No. B268678 (2d Dist., Div. 7 Nov. 21, 2017) (unpublished) is a situation where plaintiff won $119,088.29 on certain wage/hour violations and was later awarded statutory fees of $258,155 (inclusive of a “fees on fees”

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