Cases: Appealability

Appealability/Probate: Prevailing Party Determinations Under Fee-Shifting Statutes, Without Fixing Of Fee Amounts, Were Prematurely Appealed

Cases: Appealability, Cases: Probate

  Once Amounts Fixed, Appeal Of Actual Postjudgment Awards Would Be Proper.      The Fifth District case of Estate of Kinerson, Case No. F070309 (5th Dist. Feb. 22, 2016) (unpublished) concerned certain rulings in a probate estate about whether classic cars, shop tools and household furnishings belonged to the surviving spouse as separate property or

Appealability/Section 998: Nonfinal Fee Recovery With No Fixed Amount Awarded Affirmed, But Premature; 998 Expert Witness Award Reversed Because Uncertain If Plaintiff Prevailed Based On Unfixed Fee Award

Cases: Appealability, Cases: Section 998

Confusion Amok – But Fee and Expert Witness Fee Recovery Awaited Subsequent Determinations.     JMR Construction Corp. v. Environmental Assessment and Remediation Mgt., Inc., Case No. H039055 (6th Dist. Dec. 30, 2015) (partially published; fee and expert witness fee discussions not published) just goes to show you that fee and 998 recoveries will not have

Appealability/Costs/Deadlines/Section 1717: Trifecta Of Unpublished Decisions On Various Fee/Costs Issues

Cases: Appealability, Cases: Costs, Cases: Deadlines, Cases: Section 1717

  Costs—CEQA Record Preparation:  North County Advocates v. City of Carlsbad, Case No. D066488 (4th Dist., Div. 1 Sept. 10, 2015) (Unpublished).     In this first case, the appellate court reversed and remanded a costs award in favor of City in a costs award with respect to certain record preparation costs.  The takeaways here are

Appealability, Costs, Paralegal: $40,610.68 In Paralegal Fees To Prepare/Present Electronic Evidence At Trial Properly Awardable As Costs

Cases: Appealability, Cases: Costs, Cases: Paralegal Time

  Trial Court Properly Found They Were “Reasonably Necessary.”      In Green v. County of Riverside, Case No. D067424 (4th Dist., Div. 1 July 29, 2015) (published), plaintiff lost an unreasonable police force civil rights case. Later, the trial judge awarded defendants $66,453.02 in costs, $40,610.68 of which constituted paralegal fees for helping prepare/present electronic

Appealability, Reasonableness Of Fees: Sham Guaranty Defense Case Producing Divergent Results Also Tally A “Wash” On Fee Awards In The End

Cases: Appealability, Cases: Reasonableness of Fees

  Dueling Fee Motions Really Come Close To Negating Each Other.     Iota Five, LLC v. Dobron, Case No. G050738 (4th Dist., Div. 3 May 11, 2015) (unpublished) was a case where there were fee clauses in guaranties, with the two defendants—represented by the same counsel—gaining a complete victory on a sham guaranty defense as

Appealability, Family Law: Appealability Of Corrected Judgments On Fee Issues Depends On Whether Substantial Modification Involved

Cases: Appealability, Cases: Family Law

  Court Rejects Simple “Clerical” Versus “Judicial” Correction Distinction.      Ellis v. Ellis, Case No, B248860 (2d Dist., Div. 4 April 2, 2015) (published) is a decision of interest to appellate practitioners and family law practitioners as far as when to appeal from certain judgments (including ones involving attorney’s fees), especially when they are modified

Appealability, SLAPP: Appeal Of Subsequent Fee Order, After SLAPP Grant Dismissing Action, Was Not Independently Appealable

Cases: Appealability, Cases: SLAPP

  Only Appealable For Judgment Of Dismissal, Disagreeing With Third District Precedent.      Although we do not “weigh in” on many decisions, the issue in this case may be destined for California Supreme Court review—given that the jurisprudence is this area is conflicting or (at least) confusing.      The issue, boiled down, deals with appealability—when

Appealability: Failure To Separately Appeal Fees Award And Failure To Provide Fees Order Fatal At Appellate Stage

Cases: Appealability

  Also, Appellate Court Warns Litigants/Counsel To Comply With California Rules Of Court Relating To Appellate Procedure.      Indulkar v. East Desert Valley Investments, Inc., Case No. G050400 (4th Dist., Div. 3 Feb. 10, 2015) (unpublished) has a few lessons, where the appellate court refused to review a fee order because it lacked jurisdiction to

Appealability: Defendant’s Appeal Of Substantial Fee Award Affirmed Based On Failure To Provide Adequate Record And Dismissal Of Merits Orders In Prior Appeal

Cases: Appealability

  No Fee Motion Papers Provided By Appellant.      This case again reminds everyone to make sure an adequate record is prepared in a fee proceeding and to make sure prior merits appeals are preserved if the only grounds for reversal is that the merits ruling was erroneous.      Defendant licensed contractor was found liable

Scroll to Top