Failure To Resolve Cost Issue Completely Meant No Appellate Jurisdiction. Plaintiff in Ybay v. RSUI Group, Inc., Case No. B265265 (2d Dist., Div. 3 Aug. 2, 2017) (unpublished) filed an appeal from a minute order taking under submission plaintiff’s motion to tax costs. The appellate court found it lacked jurisdiction to consider plaintiff’s arguments […]
Lack of Jurisdiction To Entertain Fee Cross-Appeal Because No Final Resolution. In Reed v. Lieurance, Case Nos. 15-350181/15-35179 (9th Cir. July 24, 2017) (published), the panel reversed a civil rights § 1983 summary judgment and dismissals in favor of defendants. Earlier, the trial judge had refused to award defendants’ motion for attorney’s fees—denying it
Apportionment Would Have To Be Made, Because Litigant Shared Counsel With Remaining Party In Litigation. Hyatt v. Aurora Western Pacific Advisors, Inc., Case No. G052981 (4th Dist., Div. 3 April 20, 2017) (unpublished) illustrates that difficulties in apportioning fees does not allow a trial judge to deny a fee request by
Appeal By Attorney’s Client Did Not Get It Done. In K.J. v. Los Angeles Unified School District, Case No. B269864 (2d Dist., Div. 3 Feb. 23, 2017) (unpublished), a minor’s attorney was ordered to pay attorney’s fees and costs to LAUSD as a discovery sanctions. Minor appealed from the sanctions order. The
Fee Request Can Be Renewed If Someone Prevails, With Appellate Court Distinguishing Or Criticizing Other Decisions Suggesting Otherwise. In Chan v. Delta Dental of California, Case No. A139739 (1st Dist., Div. 4 Feb. 17, 2017) (unpublished), Plaintiff successfully thwarted a defense motion to compel arbitration and then moved to recover her fees for success,
Failure To Mention Subsequent Costs Award In Notice To Appeal Was Fatal. For appellate practitioners, it is clear that notices to appeal are liberally construed. But that only goes so far, as Yashouafar v. Van Nuys Plywood, LLC, Case No. B266901 (2d Dist., Div. 5 Feb. 15, 2017) (unpublished), demonstrates. In this
Case Transferred To Superior Court Appellate Division For Review. Stauff v. Hartman, Case No. B266777 (2d Dist., Div. 7 Jan. 17, 2017) (unpublished) is a case starting out in small claims court and then reclassified to an unlimited case based on a cross-complaint and, then after a lot of “litigation dust settled,” reclassified
2/5 DCA Believes Lack Of RT Can Be Fatal In Many Fee Situations. For both litigators and appellate practitioners, Patel v. Clocktower Inn, Inc., Case No. B266410 (2d Dist., Div. 5 Dec. 22, 2016) (unpublished) is a good warning sign that many California intermediate appellate panels, especially the 2/5 DCA, may find that the
Further Judicial Action Required And No Payment Of Money Directed, So Collateral Order Doctrine Did Not Apply. In Stahl Law Firm v. Apex Medical Technologies, Case No. D068929 (4th Dist., Div. 1 Dec. 19, 2016) (unpublished), a trial court entered an order finding ex-clients to be the prevailing party in a dispute against
4/3 DCA Choose Calhoun Over Dicta In Champion/L.B.S. Boyd Jones doing his arithmetic lesson at the blackboard in the Alexander Community School in Greene County, Georgia. Nov. 1941. Jack Delano, photographer. Library of Congress. In Stueve v. Berger Kahn, Case No. G052689 (4th Dist., Div. 3 Nov. 22, 2016) (unpublished), a plaintiff party
