Cases: Appealability

Attorney’s Fees On Appeal: Court Of Appeal Returns Fee Request to Trial Court When Winning Party Cannot Provide Predicate Basis Authority For Award Of Fees

Cases: Appealability

Second District, Division 8 Volleys the Fee Request Back to the Lower Court.      The next case illustrates the practical dynamics of appellate court practice: if you are going to request the appellate court to award fees to you as the prevailing party, provide specific authority supporting such a request. Otherwise, the request will be […]

Labor Commissioner Appeals: Employer Wins $10,000 Fee Award Against Unsuccessful Ex-Employee

Cases: Appealability, Cases: Consumer Statutes, Cases: Special Fee Shifting Statutes

Fees Can Be Awarded Under Labor Code section 98.2(c).      An employer is entitled to an award of reasonable attorney’s fees, in an amount to be determined by the trial court, when an employee unsuccessfully appeals from a Labor Commissioner’s ruling to the trial court. (Lab. Code sec. 98.2(c).) Cooper v. Golden Gate Reporters, LLC,

Appeal Reversal Impact: Moots Appeal By Reversed Winner Claiming Trial Court Error In Denying An Award Of Attorney’s Fees

Cases: Appealability

  Fourth District, Division 1 So Holds in Unpublished Opinion.      What happens when an initial winner in a case cross-appeals a determination that denied winner an award of attorney’s fees but the appellate court eventually reverses the merits judgment in favor of initial winner? The answer is provided in Costa Serena Owners Coalition v.

Receiverships: Order Approving Receiver’s Final Plan and Payment of Fees (Including Attorney’s Fees) Is An Appealable Order

Cases: Appealability

  Defendant’s Failure to Properly Appeal Order Precluded Substantial Review by Court of Appeal.      If you are going to enter into the world of appellate practice, you must perfect your appeal by properly specifying what is being appealed. Otherwise, you are not likely to get to first base and certainly provide the reviewing court

Enforcement of Costs/Fee Awards: Trial Court Still Has Discretion To Order An Undertaking For Postjudgment Costs/Fee Order Even Where Defendants Paid Off Prior Damages Judgment

Cases: Appealability, Cases: Judgment Enforcement

First District, Division 1 Grants Writ of Mandate Because Trial Court Failed to Exercise Any Discretion on Undertaking for Substantial Cost/Fees Order.      This post is somewhat complimentary to our June 12, 2009 post on Tracy v. Tracy, where a reversal and remand was required because a trial court failed to actually exercise its discretion

Appealability: Failure To Appeal The Correct Fee Award Prevents Review

Cases: Appealability

Third District Finds No Jurisdiction to Review Under Unusual Procedural Backdrop.      In our category “Appealability,” we have canvassed many prior decisions on when an appeal of a prior merits judgment can also subsume and preserve appellate review for a subsequent postjudgment fee award liquidating the amount of the award. For example, we have looked

Appellate Review: Include The Oral Argument Transcripts … Or Risk Affirmance Based On An Inadequate Record

Cases: Appealability, Cases: Standard of Review

First District, Division 4 Applies a Cardinal Appellate Principle.      As we have stressed in past posts on appellate practice, litigants needs to make sure that they provide an adequate appellate record for review of fee determinations. If they do not do so, affirmance is a foregone conclusion. The next case illustrates this well.     

Civil Code Section 1717: Court of Appeal Reverses Fee Award Given That Neither Side Prevailed Under The Contract

Cases: Appealability, Cases: Prevailing Party, Cases: Section 1717

Fifth District Overturns Based on a Pragmatic Assessment of Litigation Results.      Who says that appellate courts are not pragmatic in their assessment of who prevailed for purposes of awarding attorney’s fees? That is the law after all, and the next case is an illustration of where a cause was reversed because neither side prevailed

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