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fee awards entered against her at various times in Marriage of Powell and Powell, Case No. A129916 (Apr. 5, 2012) (unpublished): one that she pay $120,000 to husband for losing a prior appeal and based […]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 Though unpublished, the appellate decision in LegacyQuest v. Rosen, Case No. A129177 (1st Dist., Div. 1 Jan. 27, 2012) (unpublished) has a great discussion of SLAPP fee order appealability issues as well as trial court discretion relating to block billing time submissions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 Mitchell Land & Improvement Co. v. Ristorante Ferrantelli, Inc., Case No. G043936 (4th Dist., Div. 3 Nov. 22, 2011) (unpublished), a 3-0 opinion authored by Justice Ikola, determined that a tenant appeal of an adverse unlawful detainer merits judgment was not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
First Appellate District, Division Three, Holds Trial Court’s Decision to Award Attorney Fees Following a Judgment Does Not Render the Appeal From Such a Judgment Futile City of Novato v. MCCE Development, LLC, et al. Case Nos. A127298 & A128928 (1st Dist., Div. 3 3/30/11) (unpublished), consolidates two cases on appeal, in a dispute
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
Failure to File Timely Supplemental Notice of Appeal from Fee Order Was Fatal. Here is an ouch! It reinforces a lesson that we have reminded our readers out there to observe time and time again: whether at the state or federal level, separately appeal any adverse attorney’s fees orders. It cannot hurt and
