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directly with an attorney’s fees motion, Suydam v. DirectTV, Inc., Case No. B234887 (2d Dist., Div. 5 May 15, 2012) (unpublished) reminds all appellants or practitioners representing appellants to include reporter’s transcripts of personal proceedings or suitable substitutes in the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 May 14, 2012) (unpublished) involved an arbitration referee’s of $351,470 in fees and costs after prevailing City defensed a fraud and contractually based claim of plaintiff.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
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
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fee awards entered against her at various times in Marriage of Powell and Powell, Case No. A129916 (Apr. 5, 2012) (unpublished): one that she pay $120,000 to husband for losing a prior appeal and based
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
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 Though unpublished, the appellate decision in LegacyQuest v. Rosen, Case No. A129177 (1st Dist., Div. 1 Jan. 27, 2012) (unpublished) has a great discussion of SLAPP fee order appealability issues as well as trial court discretion relating to block billing time submissions
Reason Is that Landlord Gained Fee Award Against Tenant as Prevailing Party. Mitchell Land & Improvement Co. v. Ristorante Ferrantelli, Inc., Case No. G043936 (4th Dist., Div. 3 Nov. 22, 2011) (unpublished), a 3-0 opinion authored by Justice Ikola, determined that a tenant appeal of an adverse unlawful detainer merits judgment was not
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
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
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
