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 But that only goes so far, as Yashouafar v. Van Nuys Plywood, LLC, Case No. B266901 (2d Dist., Div. 5 Feb. 15, 2017) (unpublished), demonstrates.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 Stauff v. Hartman, Case No. B266777 (2d Dist., Div. 7 Jan. 17, 2017) (unpublished) is a case starting out in small claims court and then reclassified to an unlimited case based on a cross-complaint and, then after a lot of “litigation dust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and appellate practitioners, Patel v. Clocktower Inn, Inc., Case No. B266410 (2d Dist., Div. 5 Dec. 22, 2016) (unpublished) is a good warning sign that many California intermediate appellate panels, especially the 2/5 DCA, may find that the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 In Stahl Law Firm v. Apex Medical Technologies, Case No. D068929 (4th Dist., Div. 1 Dec. 19, 2016) (unpublished), a trial court entered an order finding ex-clients to be the prevailing party in a dispute against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 In Stueve v. Berger Kahn, Case No. G052689 (4th Dist., Div. 3 Nov. 22, 2016) (unpublished), a plaintiff party
Article Covers A Gamut Of Class Action Fee Issues. In the October/November 2016 issue of Practical Law, there is a nice article summarizing a gamut of issues relating to class action fee awards. Here are the major points made in this article: • Appealability – Decisions on fee awards may be appealable, separate
Failure To Appeal Fee Ruling Or Amended Judgment With Fee Ruling Deprived Appellate Court Of Jurisdiction To Decide Fee Challenge. In our October 3, 2016 post, we discussed Nellie Gail Ranch Owners v. McMullin, an unpublished 4/3 DCA decision, at the time, which decided it could not entertain a homeowner challenge to an
Fee Award Challenge Could Not Be Considered Based On Failure To Appeal Amended Judgment Awarding Fees. In Blecher Collins et al. v. Mireskandari, Case No. B263619 (2d Dist., Div. 2 Oct. 27, 2016) (unpublished), the Blecher Collins law firm sued and prevailed in a lawsuit for nonpayment by two suspended former English solicitors
Result Was That Appellate Court Could Not Entertain Challenge To $187,000 Fee Award. For you readers out there which follow our post, we have many, many times observed that practitioners should independently appeal any separate fee awards no matter when made just to be safe. This next case illustrates why this needs to
Dealt With Appealability Of Denial Of Fee Award To Plaintiff Winning Preliminary Injunction Under California Homeowner Bill Of Rights. In our post of July 30, 2016, we discussed the unpublished decision in Sese v. Wells Fargo Bank, N.A., which ruled that a plaintiff winning a preliminary injunction under the California Homeowner Bill of
