Cases: Appealability

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      Stauff v. Hartman, Case No. B266777 (2d Dist., Div. 7 Jan. 17, 2017) (unpublished) is a case starting out in small claims court and then reclassified to an unlimited case based on a cross-complaint and, then after a lot of “litigation dust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and appellate practitioners, Patel v. Clocktower Inn, Inc., Case No. B266410 (2d Dist., Div. 5 Dec. 22, 2016) (unpublished) is a good warning sign that many California intermediate appellate panels, especially the 2/5 DCA, may find that the

Appealability/Discovery: Separate Discovery Sanctions Below $5,000 Threshold Cannot Be Aggregated To Make Them Appealable

Cases: Appealability, Cases: Discovery

  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      In Stueve v. Berger Kahn, Case No. G052689 (4th Dist., Div. 3 Nov. 22, 2016) (unpublished), a plaintiff party

Class Action: October/November 2016 Issue Of “Practical Law” Contains Discussion About Appealability, Standing, and Review Standards For Class Action Fee Awards

Cases: Appealability, Cases: Class Actions

  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

Appealability: Law Firm Prevailing In Nonpayment Action Also Gets Civil Code Section 1717 Fees Under A Retainer Agreement Fees Clause

Cases: Appealability

  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 v. Mireskandari, Case No. B263619 (2d Dist., Div. 2 Oct. 27, 2016) (unpublished), the Blecher Collins law firm sued and prevailed in a lawsuit for nonpayment by two suspended former English solicitors

Appealability/Homeowners Association: Failure To Appeal Post-Judgment Fee Award Was Fatal To Homeowners’ Challenge Fees Awarded To HOA

Cases: Appealability, Cases: Homeowner Associations

  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

Appealability, Consumer Statutes, Deeds Of Trust: Third District’s Sese Decision Now Published

Cases: Appealability, Cases: Consumer Statutes, Cases: Deeds of Trust

  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

Appealability/Retainer Agreements: Attorney Failing To Get Fee-Splitting Written Consents Knocked Out Of The Box

Cases: Appealability, Cases: Retainer Agreements

  No Equitable Exception Applied, Plus Appeal From Post-Trial Motion To Tax Costs Order Could Not Be Entertained By Failure To Specifically Appeal It.     McNulty v. Ottosi, Case No. B264239 (2d Dist., Div. 5 Aug. 11, 2016) (unpublished) has a series of lessons for attorneys entering into fee-splitting arrangements.      Above:  Splitting.  Library of

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