Cases: Appealability

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 Co., Case No. B233042 (2d Dist., Div. 1 Aug. 23, 2012) (unpublished; 3-0 decision authored by Justice Johnson) is a situation where plaintiff appealed some discovery sanctions even though she had filed for Chapter 7 bankruptcy […]

Appeal/Equity: Maintenance Expenses/Fee Award In Partition/Quiet Title Action Was Affirmed Because Appellant Had Failed to Appeal Postjudgment Award On The Issue.

Cases: Appealability, Cases: Equity

  Result Was Dismissal of the Appeal.      Reedy v. Bussell, Case No. D059378 (4th Dist., Div. 1 July 26, 2012) (unpublished) was a situation where a trust beneficiary appealed maintenance expenses and attorney’s fees awarded to a trustee after a lower court order found that the expenditures were for the common benefit of the

Appealability/Mediation: Because Promissory Note With Fees Clause Had No Contractual Mediation Condition Precedent, So No Mediation Had To Be Held Before Commencement Of Suit

Cases: Appealability, Cases: Mediation

  Fees Not Based on Listing Agreement With Mediation Clause Affirmed on Appeal.      Sometimes it all depends on the contractual agreement under which you are awarded attorney’s fees.      We have done some recent posts on the mediation condition precedent which can disqualify fee recovery depending on whether it is not pursued before commencement

Appealability/SLAPP: Fourth District, Division 3 Finds Failure To Appeal SLAPP Fee Grant Order Meant No Jurisdiction To Consider Fee Order

Cases: Appealability, Cases: SLAPP

  Fee Award Also Correct on the Merits      In Martin v. Inland Empire Utilities Agency, 198 Cal.App.4th 611, 632-633 (2011) [reviewed in our August 20, 2011 post], an appellate court found it had no jurisdiction to review the denial of a SLAPP fee request because no appeal had been separately taken from the fee

Appealability/Reasonableness Of Fee Double: Failure To Appear At OSC Waived Appellate Challenge To Fees And Trial Court Did Provide Reasonable Explanation For Fee Award

Cases: Appealability, Cases: Reasonableness of Fees

  Marriage of Howard, Case No. H036510 (6th Dist. June 6, 2012) (Unpublished).      In this one, ex-husband waived any challenge to a $16,162 fee award because he failed to appear at an OSC and oppose the request. This was found to be a forfeiture based on his failure to object to the an error

Appealability/Family Law: $1,000 Sanctions Order Appeal Was Dismissed Because Correct Course Was Appeal From Final Judgment

Cases: Appealability, Cases: Family Law

  Appeal Was Premature.      In Marriage of Garcia, Case No. B231782 (2d Dist., Div. 3 June 1, 2012) (unpublished), ex-wife appealed from a $1,000 “sanctions” order under Family Code section 2107(c), which does allow for imposition of attorney’s fees for a family law litigant not complying with family law provisions. (Apparently, she failed to

Appealability: Appellate Court Refuses To Reach Merits Because No Reporter’s Transcript Of Hearing Provided

Cases: Appealability

  Forfeiture Was the Result      Although not dealing directly with an attorney’s fees motion, Suydam v. DirectTV, Inc., Case No. B234887 (2d Dist., Div. 5 May 15, 2012) (unpublished) reminds all appellants or practitioners representing appellants to include reporter’s transcripts of personal proceedings or suitable substitutes in the record on appeal. The failure to

Appealability: Failure To Include Germane Pleadings And Fee Proceeding Papers Precluded Review Of Attorney’s Fees Award

Cases: Appealability

  Arbitrator’s $351,470 Fee Award Affirmed Due to Inadequate Record on Appeal.      Med-Trans Corp. v. City of California City, Case No. F061553 (5th Dist. May 14, 2012) (unpublished) involved an arbitration referee’s of $351,470 in fees and costs after prevailing City defensed a fraud and contractually based claim of plaintiff. (City had requested an

Appealability/Arbitration: Motions Denying Reconsideration And 473 Relief Of Fee Denial, Following A Win On An Arbitration Motion To Compel Denial, Were Not Appealable

Cases: Appealability

  Third District Distinguishes Otay River In The Process.      Here is one for all of you procedural buffs, involving a dismissal of an appeal of a motions for reconsideration/473 relief of a fee request denial after the appellant beat back a motion to compel arbitration. The problem here was that the earlier motion to

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