Cases: Appealability

Appealability/Civil Rights/Costs: Trial Court’s Reduction Of Some Costs Items Showed It Did Credit Ability To Pay When Assessing Costs Against Non-prevailing FEHA Plaintiff

Cases: Appealability, Cases: Civil Rights, Cases: Costs

  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 […]

Appealability/Homeowner Associations/POOF!: Merits Reversal Also Meant Fee Award Went POOF! Even Though No Appeal From Fee Order Was Achieved

Cases: Appealability, Cases: Homeowner Associations, Cases: POOF!

  Important Nuance to Keep in Mind—Trial Court Directed to Vacate Fee Award.      Bel Air Glen Homeowners Assn., Inc. v. Dowlatshahi, Case No. B243549 (2d Dist., Div. 1 Mar. 5, 2014) (unpublished) has a Monty Pythonesque quality about it.      What happened was that an HOA Board of Directors got its directors’ collective hackles

Appealability/Sanctions: Non-Aggrieved Parties, Not Attorneys, Appealing From Sanctions Order Lacked Standing

Cases: Appealability, Cases: Sanctions

  Appeal Dismissed on Summary Basis.      Gotta have standing to appeal. Basic principle, but one reinforced in Maktab Tarighat Oveyssi Shahmaghsoudi v. Azizi, Case No. A138115 (1st Dist., Div. 5 Feb. 5, 2014) (unpublished).      Clients’ attorneys got sanctioned in a discovery matter, with the lower court imposing a $10,500 sanctions order. Clients appealed.

Appealability/Section 998: Plaintiff’s Failure To Appeal Order To Tax Costs Ruling Was Fatal To Asking For More Expert Witness Fees Via 998 Offer

Cases: Appealability, Cases: Section 998

       Plaintiff won a procuring cause case against a well-known broker, which successfully brought a motion to tax certain costs claimed by plaintiff.      In Praham v. Pickford Real Estate, Inc., Case No. D062477 (4th Dist., Div. 1 Jan. 8, 2014) (unpublished), plaintiff appealed claiming, among other things, he should have obtained an additional

Appealability/Discovery/Sanctions: Ninth Circuit Decides That Non-Party’s Appeal Of Interlocutory Orders After Date Of Final Judgment Is Timely

Cases: Appealability, Cases: Discovery, Cases: Sanctions

  Appeals Court Affirms Denial of Sanctions But Remands for Cost-Shifting in Favor of Non-Party in FRCP 45 Subpoena Dispute.      The Ninth Circuit has ended the year with a “bang” as far as clarifying non-party appeal rights and the circumstances under which subpoena compliance cost shifting is mandatory under F.R.Civ.P. 45.      The opinion

Appealability/Section 1717: Nonsignatories Standing In Shoes Of Contractual Party Faced Fee Exposure Under Credit Application Fee Clauses

Cases: Appealability, Cases: Nonsignatories, Cases: Section 1717

  Appellate Fees After Prior Reversal Properly Appealable Under Collateral Order Doctrine.      Defendants appealed from an assessment of $47,852.77 in appellate fees resulting from a prior appeal (involving a reversal) in Apex LLC v. Korusfood.com, Case No. G047737 (4th Dist., Div. 3 Dec. 23, 2013) (unpublished), where the appellate fees were awarded on remand.

Appealability/Class Action: Class Counsel Has Standing To Appeal Fee Award, With Appellate Court Reversing Lower Court Order Awarding Only Fraction Of Requested Fees And Incentive Award Under Clear Sailing Provision

Cases: Appealability

  Incorrect Legal Standards Used by Lower Court in Fixing Fees/Incentive Award.     Clear Sailing?  S.S. Vestris disaster. c1928.  Library of Congress.       Ruiz v. Calif. State Auto. Assn. Inter-Ins. Bureau, Case Nos. A136275/A136395 (1st Dist., Div. 4 Dec. 20, 2013) (partially published; discussion of why fee/incentive awards reversed, not published) involved a class action

Arbitration: Broad Non-Appealability Clause In Arbitration Clause Found Unenforceable So Merits Of Arbitration Award Allocating Fees Could Be Considered

Cases: Appealability, Cases: Arbitration

  Fraud, Arbitrator Impartiality, Arbitrator Misconduct, and Arbitrator Exceeding Power Type Claims Could Not Be Found Immune From Review Based On Contractual Provision.      In In re: Wal-Mart Wage and Hour Employment Practices Litigation, Case No. 11-17778 (9th Cir. Dec. 17, 2013) (published), a district court confirmed an arbitration award allocating attorney’s fees in a

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