Second District, Division 6 Finds Lack of Record to Show Fees Were Excessive. Without sounding preachy, seriously, folks, if you are going to appeal, give the appellate court some authority and an adequate record. If not, you will be in the stance of the losing litigant in the next case we look at—having little […]
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 In Gravelle v. Aquadek, Case No. D054215 (4th Dist., Div. 1 Nov. 17, 2009) (unpublished), defendant
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 This next unpublished case, in a 3-0 unpublished decision from the Sixth District, is a good reminder on when the appeal of smaller discovery sanctions orders—under $5,000—is properly made.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
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
Case Holds that Reversal Moots Appeal of Attorney’s Fees Denial Order. On July 17, 2009, the Fourth District, Division 1 certified for publication a previously unpublished decision, Costa Serena Owners Coalition v. Costa Serena Architectural Committee, Case No. D052903 (4th Dist., Div. 1 filed June 24, 2009; published July 17, 2009). This case held
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,
Fourth District, Division 1 So Holds in Unpublished Opinion.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.
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
Second District, Division 1 Discusses Technical Appeal Issues, But Also Indicates Affirmance of Award on the Merits. When you are a plaintiff winning a fee award (which you believe was not large enough), be careful to avoid a waiver of appellate rights by accepting a check payment for the fee award. That is what
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
