Failure To Do So Doomed Appeal In This Case. We will admit that the jurisprudence in this area is somewhat confusing in nature and fact dependent. But it does not vary from the lesson that we have posted on before based upon results in actual cases: separately appeal postjudgment fee awards, do not take […]
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 Fratus v. County of Contra Costa, Case No. A153424 (1st Dist., Div. 1 Sept. 28, 2018) (unpublished) is a situation where the appellate court reversed the denial of attorney’s fees
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not really relevant for purposes of our post in Ponticelli v. Ason, Case No. B277763 (2d Dist., Div. 1 July 30, 2018) (unpublished) because the prime issue was whether defendants in an interpleader action timely filed an appeal on the merits of the discharge by appealing the
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
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 Marriage of Schoenfeld, Case No. B281835 (2d Dist., Div. 7 June 18, 2018) (unpublished) is a reminder to appellants that some precision must be made in both the notice of appeal and the appellate civil information
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
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 In Mitchell Anthony Productions, LLC v. Baron, Case No. B282974 (2d Dist., Div. 5 Mar. 28, 2018) (unpublished), the trial judge awarded $4,860 in discovery sanctions on separate motions to compel further discovery responses to the interrogatories and requests
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.
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
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
