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 As Justice Ikola recognized in Martin v. My Car Agent, Case No. G048985 (4th Dist., Div. 3 Apr. 24, 2014) (unpublished), order appealability is a jurisdictional concern of the first instance for a reviewing court—black or white, not shades of grey.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 In GMAC Mortgage v. Sandoval, Case No. E059111 (4th Dist., Div. 2 Apr. 8, 2014) (unpublished), lenders won a declaratory relief action with respect to lien priority and were awarded attorney’s fees of $21,284.25 based on a trust deed fees clause.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
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 Bel Air Glen Homeowners Assn., Inc. v. Dowlatshahi, Case No. B243549 (2d Dist., Div. 1 Mar. 5, 2014) (unpublished) has a Monty Pythonesque quality about it.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
Gotta Develop an Adequate Record, Appellate Law 101. Castruita v. Guerrero, Case No. B246439 (2d Dist., Div. 7 Feb. 24, 2014) (unpublished) is a situation where a party moving for a temporary restraining order and permanent injunction against his uncle lost and was ordered to pay uncle’s counsel at the time $1,000 in
Go From First Date of Entry, Said Reviewing Court. Okay, for you procedural pros or interested readers, you will like our post on Olla v. Wagner, Case No. B239702 (2d Dist., Div. 5 Feb. 5, 2014) (unpublished). The lower court entered a post judgment minute order awarding fees on April 2, 2012
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one reinforced in Maktab Tarighat Oveyssi Shahmaghsoudi v. Azizi, Case No. A138115 (1st Dist., Div. 5 Feb. 5, 2014) (unpublished).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.
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
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
