Cases: Appealability

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 […]

Appealability/Family Law: Original Fee Awards Repeated In Later Omnibus Order Had To Be Appealed Earlier

Cases: Appealability, Cases: Family Law

  Wife’s Appeal from Three Awards Dismissed for Lack of Appellate Jurisdiction.      Wife obviously was unhappy with three different fee awards entered against her at various times in Marriage of Powell and Powell, Case No. A129916 (Apr. 5, 2012) (unpublished): one that she pay $120,000 to husband for losing a prior appeal and based

Bankruptcy/Sanctions: No Immediate Appeal Of District Court Sitting In Bankruptcy’s Sanctions Order Under F.R.B.P. 11 Or Under District Court’s Inherent Powers

Cases: Appealability, Cases: Bankruptcy Efforts, Cases: Sanctions

  Dissenting Justice Would Reconsider Hawaii Corp. Rule.      In Klestadt & Winters, LLP v. Cangelosi, Case Nos. 10-16970 et al. (9th Cir. Mar. 6, 2012) (for publication), the Ninth Circuit, in a 2-1 decision, determined that Rule 11/inherent powers sanctions orders against a client and their attorneys by a district court sitting in bankruptcy

Appealability/SLAPP/Substantiation Of Fees: First District Entertains Challenge Of SLAPP Fee Award Even Though Fee Award Not Specifically Appealed

Cases: Appealability, Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

  Informative Discussion of SLAPP Fee Appealability Cases and Block Billing Implications.      Though unpublished, the appellate decision in LegacyQuest v. Rosen, Case No. A129177 (1st Dist., Div. 1 Jan. 27, 2012) (unpublished) has a great discussion of SLAPP fee order appealability issues as well as trial court discretion relating to block billing time submissions

SLAPP: Sloppy Record Scotches Fees, But Appeal Court Synthesizes SLAPP Wisdom

Cases: Appealability, Cases: Prevailing Party, Cases: SLAPP

Fourth District, Div. 2, Underscores That Compliance With Basic Appellate Procedure Is Necessary to Obtain Review of SLAPP Fees Issue.      The next case, Dean Martin v. Inland Empire Utilities Agency, et al., Case No. E051217 (4th Dist. Div. 2, 8/18/11) (certified for publication), involves a complaint alleging causes of action deriving from purported racial

Appeal: Postjudgment Order Filling In Amount Of Fees Correctly Appealed By Challenging Initial Judgment, But Fee Challenge To $90,542.50 Award Nixed Based On Inadequate Appellate Record

Cases: Appealability

  Case Demonstrates Cardinal Rule of Appellate Practice.           Although we have come close to preaching to our readers that you should separately appeal an underlying judgment and all fee awards (interim or modified), there are exceptions to the “separately appeal” rule relating to subsequent postjudgment fee awards. One of the most important is

Appeal/Section 998: Prevailing Party Status From Rejected 998 Offer Examined In Fifth District Opinion

Cases: Appealability, Cases: Section 998

Primer on Allocation of Preoffer/Postoffer Costs in Instructive Decision.      Code of Civil Procedure section 998, as we should know by now, is a legislatively-mandated statute that modifies the general routine costs provision of CCP § 1032 by augmenting or withholding the costs normally allowable under section 1032. Put another way, section 998 establishes a

Appealability/Deadlines: Once Notice Of Entry Of Underlying Judgment Is Served By Other Than Personal Delivery, What Is The Deadline To File An Attorney’s Fees Motion?

Cases: Appealability, Cases: Deadlines

Stay Tuned if You Want to Know the Answer.      So, you have been served with a notice of entry of judgment in which no new trial motion or JNOV motion is filed (after having prevailed) by either the clerk or another party, what is the time for filing a motion for attorney’s fees (which

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