Cases: Appealability

Appealability/Sanctions: Client’s Appeal Of Sanctions Only Against Her Attorneys Did Not Confer Appellate Jurisdiction To Review Sanctions Award

Cases: Appealability, Cases: Sanctions

Different Result Had Sanctions Been Imposed On Both Client And Attorney               The probate court in In re Patrice Libaw Trust, Case No. B271815 (2d Dist., Div. 1 Aug. 3, 2017) (unpublished) awarded CCP § 128.7 sanctions against only a probate litigant’s attorneys, not the probate litigant (although sanctions were requested against both).  Litigant […]

Appealabiity: Plaintiff Improperly Appealed Minute Order Taking Matter Under Submission On Motion To Tax Costs

Cases: Appealability

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             Plaintiff in Ybay v. RSUI Group, Inc., Case No. B265265 (2d Dist., Div. 3 Aug. 2, 2017) (unpublished) filed an appeal from a minute order taking under submission plaintiff’s motion to tax costs.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

Appealability: District Judge’s Denial Of Defense Fee Request Without Prejudice Was Not Appealable Because Judge Was Awaiting On Appellate Results

Cases: Appealability

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

Allocation/Appealability/Prevailing Party:  Litigant Winning Demurrer Without Leave Entitled To Contractual Fee Recovery For Unqualified Win

Cases: Allocation, Cases: Appealability, Cases: Prevailing Party

    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               Hyatt v. Aurora Western Pacific Advisors, Inc., Case No. G052981 (4th Dist., Div. 3 April 20, 2017) (unpublished) illustrates that difficulties in apportioning fees does not allow a trial judge to deny a fee request by

Appealability/Arbitration: Plaintiff Successfully Defeating Petition To Compel Arbitration In Ongoing Matter Prematurely Appealed Lower Court’s “Without Prejudice” Denial Of Fee Request

Cases: Appealability, Cases: Arbitration

  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,

Appealability: Even Though Case Was Unlimited At One Point, Final Reclassification To Limited Jurisdiction Meant Court Of Appeal Was Without Jurisdiction To Review Fee Award

Cases: Appealability

  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

Appealability: Failure To Have Or Provide Reporter’s Transcript In Fee Denial Appeal Sinks Challenge By Prevailing Party Fee Claimant

Cases: Appealability

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

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