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 In Kessey v. Los Robles Regional Medical Center, Case No. B277523 (2d Dist., Div. 6 Jan. 18, 2018) (unpublished), the appellate court in an earlier unpublished decision reversed an anti-SLAPP order in defendants’ favor.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Galindo v. Polakoff, Case No. D071555 (4th Dist., Div. 1 Nov. 29, 2017) (Unpublished)—Equity/Offsets.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
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 Park v. Joong-Ang Daily News Calif., Inc., Case No. B268678 (2d Dist., Div. 7 Nov. 21, 2017) (unpublished) is a situation where plaintiff won $119,088.29 on certain wage/hour violations and was later awarded statutory fees of $258,155 (inclusive of a “fees on fees”
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Client And Attorney The probate court in In re Patrice Libaw Trust, Case No. B271815 (2d Dist., Div. 1 Aug. 3, 2017) (unpublished) awarded CCP § 128.7 sanctions against only a probate litigant’s attorneys, not the probate litigant (although sanctions were requested against both).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
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 Plaintiff in Ybay v. RSUI Group, Inc., Case No. B265265 (2d Dist., Div. 3 Aug. 2, 2017) (unpublished) filed an appeal from a minute order taking under submission plaintiff’s motion to tax costs.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 Hyatt v. Aurora Western Pacific Advisors, Inc., Case No. G052981 (4th Dist., Div. 3 April 20, 2017) (unpublished) illustrates that difficulties in apportioning fees does not allow a trial judge to deny a fee request by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
