Court of Appeal Did Not Impose Sanctions, Apparently Finding Further Appeal Fees/Costs Might Punish Enough. Zeppenfeld v. Reilley, Case No. A138668 (1st Dist., Div. 4 June 30, 2014) (unpublished) again reinforces a lesson we have stressed many a time—appeal an entry of an order denying a fee motion, even if a later judgment confirms that […]
Lower Court Did Not Err In Directing That $1,000 Penalty Be Paid By Party Requesting Default Relief to Superior Court Instead. In Sanai v. Pfeiffer, Case No. B246349 (2d Dist., Div. 4 June 26, 2014) (unpublished), an in pro per attorney sued an ex-client defendant for $149,240 in legal fees. However, the defense filed a
Easement Dispute Produced Mixed Result, Likely More Pro-Plaintiffs In Nature. This one involved a water well easement dispute by adjoining owners, prompting a suit by plaintiffs when defendant locked the pump house and put up a “no trespassing” sign. The lower court ultimately upheld plaintiffs’ right to use of some water from the well, but
However, Defense Challenges Did Not Prevail On Appeal. In Polaris Medical Academy, LLC v. Allen, Case No. G045800 (4th Dist., Div. 3 June 24, 2014) (unpublished), plaintiffs won a judgment totaling $450,000 against various defendants, with the judgment stating “Plaintiffs shall recover costs in the amount of $___________ and attorneys’ fees in the
$22,230 Fee Award Went POOF! In Vestar/Kimco Tustin, L.P. V. Sesar, Case No. G048831 (4th Dist., Div. 3 May 30, 2014) (unpublished), the lower court sustained a demurrer to a breach of lease action and overruled a demurrer to a breach of guaranty cause of action, with plaintiff filing a voluntary dismissal of
Must Show Objective Speciousness and Subjective Bad Faith. Young v. Tri-City Healthcare Dist., Case No. D063980 (4th Dist., Div. 1 May 15, 2014) (unpublished) contains a good discussion of the review standard applicable to a lower court ruling denying attorney’s fees to a prevailing SLAPP plaintiff under Code of Civil Procedure section 425.16(c)(1). In this
Appeal Dismissed Because No Postjudgment Order Involved. As Justice Ikola recognized in Martin v. My Car Agent, Case No. G048985 (4th Dist., Div. 3 Apr. 24, 2014) (unpublished), order appealability is a jurisdictional concern of the first instance for a reviewing court—black or white, not shades of grey. In this one, the appeal
No Public Policy Concerns Militate Against Honoring Parties’ Settlement. In GMAC Mortgage v. Sandoval, Case No. E059111 (4th Dist., Div. 2 Apr. 8, 2014) (unpublished), lenders won a declaratory relief action with respect to lien priority and were awarded attorney’s fees of $21,284.25 based on a trust deed fees clause. Defendants appealed only
Otherwise, 5 Nonappealing Parties Would Get Stuck With Substantial Fee Exposure Even Though Some Appealing Parties Might Win On Remand. Appellate courts are comprised of justices, who not only follow the law but attempt to reach a fair result based on the circumstances. Adams v. MHC Colony Park Ltd. Partnership, Case No. F062160
DCA Also Addressed Some Special Costs Items in the Process; Sustained Cost Award Assessed Against Counsel When Counsel Did Not Appeal. Losing plaintiff in a FEHA case appealed after the lower court ordered that $34,906.12 in routine costs be paid by her (out of a requested $54,667.39). Her challenges to the award
