Cases: Appealability

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             In Mitchell Anthony Productions, LLC v. Baron, Case No. B282974 (2d Dist., Div. 5 Mar. 28, 2018) (unpublished), the trial judge awarded $4,860 in discovery sanctions on separate motions to compel further discovery responses to the interrogatories and requests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             In Kessey v. Los Robles Regional Medical Center, Case No. B277523 (2d Dist., Div. 6 Jan. 18, 2018) (unpublished), the appellate court in an earlier unpublished decision reversed an anti-SLAPP order in defendants’ favor.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Galindo v. Polakoff, Case No. D071555 (4th Dist., Div. 1 Nov. 29, 2017) (Unpublished)—Equity/Offsets.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             Park v. Joong-Ang Daily News Calif., Inc., Case No. B268678 (2d Dist., Div. 7 Nov. 21, 2017) (unpublished) is a situation where plaintiff won $119,088.29 on certain wage/hour violations and was later awarded statutory fees of $258,155 (inclusive of a “fees on fees”

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

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