Cases: Appealability

Appealability/Arbitration/Deadlines/Employment/Indemnity: Attorney’s Fees Powerball — Lots Of Unpublished Decisions On Numerous Issues

Cases: Appealability, Cases: Arbitration, Cases: Deadlines, Cases: Employment, Cases: Indemnity

  Bolgar v. Glen Donald Apartments, Inc., Case No. B241636 (2d Dist., Div. 1 Feb. 26, 2013) (Unpublished).      Although challenging a $71,934.65 fee award as an abuse of discretion, appellant did not go very far based on an inadequate record. None of the fee motion papers were included on appeal, so that the appellate […]

Appealability/Costs/Homeowner Associations: Trial Court’s Denial Of Homeowner’s Request For $145,000 In Fees/Costs After HOA Voluntary Dismissal Affirmed On Appeal Through A Writ Denial

Cases: Appealability, Cases: Costs, Cases: Homeowner Associations

  Court of Appeal, Facing Some Gnarly Procedural Issues, Finds Trial Court Denial Was Correct.      Gunn v. Superior Court (Mai Kai Community Assn.), Case No. G046989 (4th Dist., Div. 3 Feb. 7, 2013) (unpublished) was a situation where an HOA voluntarily dismissed without prejudice an action after a homeowner early on relented and allowed

Appealability/Undertaking: Appellate Court Grants Supersedeas For Fees Only Award, But Dismisses Subsequent Appeal When Supersedeas Grant Did Not Rule On Costs to Petitioner

Cases: Appealability, Cases: Undertaking

       This next case, Soni v. CH&I Technologies, Inc., Case No. B240173 (2d Dist., Div. 8 Jan. 30, 2013) (unpublished), enters into the arcane fray of fees only awards and supersedeas grants. So, here we go.      After observing that this was the third appeal between the parties (hint! hint!), the background for all

Appealability/Deadlines/Probate: Failure To Timely Appeal Prior Order Subject To Reconsideration Motion Was Fatal To Appellate Jurisdiction

Cases: Appealability, Cases: Deadlines, Cases: Probate

  Trap for the Unwary:  Order Denying a Motion for Reconsideration Is Not An Appealable Order.      The administrator of an estate requested authorization to pay his attorney for both ordinary and extraordinary services to the estate. The trial court granted these requests in a formal order. One of the relatives of the decedent filed

Appealability: Losing Party’s Failure To Appeal Separate Fee Order, Where Court Made Clear Fees Was Separate Issue, Doomed Further Review

Cases: Appealability

  Failure to Provide Fee Motion Papers and Reporter’s Transcript of Fee Motion Clinched the Affirmance.      Goesch v. Hennagan, Case No. H037259 (6th Dist. Oct. 31, 2012) (unpublished), authored by Justice Elia on behalf of a 3-0 panel, is another stark reminder of two important points necessary to preserve appellate jurisdiction/review: (1) appeal from

Appealability/Appeal Sanctions: Failure To Provide Adequate Record Doomed Challenge That Fees Should Have Been Awarded

Cases: Appeal Sanctions, Cases: Appealability

  Appeal Sanctions Denied Because No Declaration Filed to Support Fee Request.      Preserving claims for trial court error depends on raising the argument below and providing an adequate record to the appellate court. Violation of either principle likely means an appeal will be unsuccessful. Likewise, with respect to appeal sanctions, one must follow the

Appealability/Discovery: Losing Plaintiff Filing Chapter 7 And Not Disclosing Lawsuit In Bankruptcy Lacks Standing To Appeal

Cases: Appealability, Cases: Discovery

  Appeal Dismissed Because Unscheduled Property Cannot Be Abandoned at Close of Bankruptcy Proceeding.      Lamas v. Infinity Ins. Co., Case No. B233042 (2d Dist., Div. 1 Aug. 23, 2012) (unpublished; 3-0 decision authored by Justice Johnson) is a situation where plaintiff appealed some discovery sanctions even though she had filed for Chapter 7 bankruptcy

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