Cases: Appealability

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

Allocation/Appealability/Homeowner Associations/Reasonableness Of Fees: $190,065 Fee Award Affirmed in “Acrid Dispute Between Neighbors” Under CC&Rs

Cases: Allocation, Cases: Appealability, Cases: Homeowner Associations, Cases: Reasonableness of Fees

Trial Court’s Significant Reductions in Requested Fees Obviated Need to Apportion With Mathematical Precision.      The next case illustrates a result we see often in appellate decisions when apportionment of fees is necessary as between compensable and noncompensable claims: a lower court’s reduction of fee requests obviates the need to perform a CPA-like audit of

Appeal/Interpretation of Fee Clause: Appellate Court Finds Challenge To Fee Entitlement Was Forfeited

Cases: Appealability, Cases: Fee Clause Interpretation

  Appellants Had Only Contested Amount of Fees Below, Not Raising Problems With Fee Entitlement.      Here is one from the Third District that serves to underscore a crucial lesson for both trial and appellate practitioners: raise challenges at the lower court level or risk having them declared waived at the appellate level. That happened

Appealability: Litigant Could Not Appeal Fee Award Through Appeal Of A Future Ruling Prior To The Actual Hearing On Fees

Cases: Appealability

Second District, Division 5 Rules on Applicability of Grant v. List & Lathrop.      In Silver v. Pacific American Fish Co., Inc., Case No. B214450 (2d Dist., Div. 5 Nov. 30, 2010) (certified for partial publication, on the fee issue), the appellate court confronted whether a cross-complainant correctly appealed a postjudgment order awarding fees to

Section 1717 And Appealability: Post-Jury Fee Award Was Appealable, Not Premature, Under Section 1717.

Cases: Appealability, Cases: Section 1717

  Second District, Division 4 Nixes Appellant’s Reliance on Parsed Language from Butler-Rupp.      In Sherwyn v. Nathaniel, Case No. B215666 (2d Dist., Div. 4 Sept. 1, 2010) (unpublished), defendant defensed plaintiff attorney in a jury trial involving attorney’s effort to collect unpaid fees that were claimed to be owed for a prior divorce representation

Appealability: Interlocutory Order in Partition Action Finding Party Prevailed and Incurred Attorney’s Fees for the Common Benefit was Not Appealable

Cases: Appealability, Cases: Special Fee Shifting Statutes

Second District, Div. 4, Explains that Interlocutory Judgment Determing Interests of the Parties and Ordering Partition is Appealable – But Interlocutory Order Finding a Party Prevailed and Incurred Costs and Attorney’s Fees for the Common Benfit of the Parties is Not Appealable.      In Alaeddin Enayati v. Hessamedin Enayati, B213264 (2nd Dist., Div. 4 July

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