The Second District, Division 1, in Huang v. Ko, Case No. B228092 (2d Dist., Div. 1 Sept. 27, 2012) (unpublished), found it could not review an adverse $34,069.33 fee award to a real property seller for one simple reason: the aggrieved party failed to separately appeal the attorney’s fees order, a fatal error […]
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 Co., Case No. B233042 (2d Dist., Div. 1 Aug. 23, 2012) (unpublished; 3-0 decision authored by Justice Johnson) is a situation where plaintiff appealed some discovery sanctions even though she had filed for Chapter 7 bankruptcy
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 Reedy v. Bussell, Case No. D059378 (4th Dist., Div. 1 July 26, 2012) (unpublished) was a situation where a trust beneficiary appealed maintenance expenses and attorney’s fees awarded to a trustee after a lower court order found that the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
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
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
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 June 6, 2012) (Unpublished).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
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 In Marriage of Garcia, Case No. B231782 (2d Dist., Div. 3 June 1, 2012) (unpublished), ex-wife appealed from a $1,000 “sanctions” order under Family Code section 2107(c), which does allow for imposition of attorney’s fees for a family law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
Plaintiff Failed to Properly Present His Estoppel Theory For Factual Exploration By the Trial Court; Appealability Issue Did Not Impact Appeal, But Waiver Did. Plaintiff, who suffered an adverse SLAPP fee recovery of $12,633, might have had a chance on appeal on an estoppel theory. However, the problem is that he did not
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
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
