Cases: Appealability

Law Of The Case: Prior Appellate Opinion, Never Challenged On Rehearing Or Supreme Court Review, Was Law Of The Case On Fee Determination

Cases: Appealability, Cases: Deadlines

  Mere Disagreement With Prior Appellate Opinion Does Not Impact Law of the Case Doctrine.      In Tennen v. Finstad, Case No. B217765 (2d Dist., Div. 2 Feb. 10, 2010) (unpublished), losing litigants on an order denying an attorney’s fees motion brought a prior successful appeal in which the Court of Appeal reversed an order […]

Appeal: Appeal From Amended Judgment Inserting Fee Award Did Not Preserve Appeal Of Merits Judgment

Cases: Appealability, Cases: Deadlines

  Fourth District, Division 1 Reminds Us All of An Important Lesson in the Appellate Arena.      The Fourth District, Division 1, provided us all with an important reminder of timely appealing judgments in order to preserve appellate jurisdiction. In Gravelle v. Aquadek, Case No. D054215 (4th Dist., Div. 1 Nov. 17, 2009) (unpublished), defendant

Discovery Sanctions: $3,587.00 Deposition Sustained Because It Is Collateral And Not Independently Appealable Until Later

Cases: Appealability, Cases: Discovery, Cases: Sanctions

  Sixth District Provides a Good Lesson in Properly Timing Appeal of Discovery Sanctions Under $5,000.      This next unpublished case, in a 3-0 unpublished decision from the Sixth District, is a good reminder on when the appeal of smaller discovery sanctions orders—under $5,000—is properly made.      In Stough v. Klure, Case No. H034000 (6th

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

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