Cases: Appealability

Appealability/Equity: Reversal Of Judgment Against 66 Plaintiffs, 61 Of Which Appealed, Meant Fee Award Against All Gets Reversed

Cases: Appealability, Cases: Equity

  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 […]

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      Bel Air Glen Homeowners Assn., Inc. v. Dowlatshahi, Case No. B243549 (2d Dist., Div. 1 Mar. 5, 2014) (unpublished) has a Monty Pythonesque quality about it.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one reinforced in Maktab Tarighat Oveyssi Shahmaghsoudi v. Azizi, Case No. A138115 (1st Dist., Div. 5 Feb. 5, 2014) (unpublished).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

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