Cases: Appealability

Appealability/Prevailing Party/Section 1717: Because Lower Court Erred In Sustaining Demurrer, Party Garnering Fee Award Was Not Prevailing Party

Cases: Appealability, Cases: Prevailing Party, Cases: Section 1717

  $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      In Vestar/Kimco Tustin, L.P. V. Sesar, Case No. G048831 (4th Dist., Div. 3 May 30, 2014) (unpublished), the lower court sustained a demurrer to a breach of lease action and overruled a demurrer to a breach of guaranty cause of action, with plaintiff filing a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

Appealability/SLAPP: Denial Of Slapp Fees To Plaintiff Shows Dual Standard of Review Governing Recovery In This Area

Cases: Appealability, Cases: SLAPP

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 ​Young v. Tri-City Healthcare Dist., Case No. D063980 (4th Dist., Div. 1 May 15, 2014) (unpublished) contains a good discussion of the review standard applicable to a lower court ruling denying attorney’s fees to a prevailing SLAPP plaintiff under Code of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

Appealability/Equity: Appellate Court Reverses Adverse Fee Judgment Based On Parties’ Settlement Stipulation

Cases: Appealability, Cases: Equity

  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      In GMAC Mortgage v. Sandoval, Case No. E059111 (4th Dist., Div. 2 Apr. 8, 2014) (unpublished), lenders won a declaratory relief action with respect to lien priority and were awarded attorney’s fees of $21,284.25 based on a trust deed fees clause.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

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.

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