Cases: Appealability

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     In our post of July 30, 2016, we discussed the unpublished decision in Sese v. Wells Fargo Bank, N.A., which ruled that a plaintiff winning a preliminary injunction under the California Homeowner Bill of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     McNulty v. Ottosi, Case No. B264239 (2d Dist., Div. 5 Aug. 11, 2016) (unpublished) has a series of lessons for attorneys entering into fee-splitting arrangements.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

Appealability, Consumer Statutes, Deeds Of Trust: Borrower’s Appeal of Trial Court’s Denial Of Fees To Borrower Winning Preliminary Injunction Under California Homeowner Bill Of Rights Was Dismissed

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

  Borrower Appealed From A Nonappealable Interlocutory Order.      In Monterossa v. Superior Court, 237 Cal.App.4th 747, 751 (2015) [discussed in our June 14, 2015 post], the Third District decided that a borrower obtaining preliminary, rather permanent, injunctive relief under the California Homeowner Bill of Rights may be entitled to an award of attorney’s fees

Appealability/Private Attorney General: Denial Of Private Attorney General Fee Recovery For Traffic Infraction Partial Win Was Proper Because Appeal Did Not Affect Winner’s Substantial Rights

Cases: Appealability, Cases: Private Attorney General (CCP 1021.5)

  Traffic Infraction Winners May Face Hard Road to Hoe As Far As Fee Recovery.     In Gray v. Superior Court, Case No. B269150 (2d Dist., Div. 3 May 31, 2016) (published), a person failing to stop at a red light partially won an automated camera traffic enforcement challenge, with the person filing to recovery

Appealability/Costs: Although Appeal From Judgment Did Allow For Appellate Jurisdiction Of Postjudgment Costs Ruling, Trial Judge Did Not Err By Awarding Prevailing Defendant Costs Of Deposition Before Ruling On Demurrer

Cases: Appealability, Cases: Costs

  Deposition Costs Were Reasonable Under The Circumstances.     In Estate of Gasper, Case No. A142068 (1st Dist., Div. 1 Apr. 28, 2016) (unpublished), an attorney handling the closing of a probate estate sued the title company for improperly closing escrow on a piece of real estate and causing him to incur fees/expenses in cleaning

Appealability/SLAPP: 1/3 DCA Determines That Order Granting SLAPP Fee After Merits SLAPP Grant Cannot Be Appealed Until Final Judgment Reached In Case

Cases: Appealability, Cases: SLAPP

  . . . . Although Fee Award Made At Same Time As Merits Ruling Can Be Appealed.     The First District, Division 3 took the time to reconsider a motion to dismiss a SLAPP plaintiff’s appeal of fairly substantial fee awards after defense grants of a SLAPP motion.  (The fee awards totaled over $603,000

Appealability/POOF!/Special Fee Shifting Statute: Reversal Of Penal Code Section 496(c) Verdict Means $1.15 Million Fee And Costs Award Went POOF!

Cases: Appealability, Cases: POOF!, Cases: Special Fee Shifting Statutes

  Postjudgment Fees Also Reversed, But Expert Witness Fees Sustained Based On Failure To Separate Appeal The Postjudgment Award.     In Kayne v. Mense, Case No. B254975 (2d Dist., Div. 1 Mar. 25, 2016) (unpublished), defendants were found to have breached a fiduciary duty to plaintiff (giving rise to compensatory and punitive damages) and found

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