Cases: Appealability

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

Arbitration Petition Denial: Fees Not In Order Where Denial Was Only An Interim Procedural Victory

Cases: Appealability, Cases: Arbitration

Third District Distinguishes Its Facts From Otay in Unpublished Decision.      In California, attorney’s fees are generally not recoverable for interim procedural victories.   The “prevailing party,” for purposes of fee recovery, usually must await a final deposition on the merits. However, there are exceptions.      For example, Otay River Constructors v. San Diego Expressway, 158

Sanctions: $8,836 In Various Sanctions Affirmed Against Plaintiff Losing Claims Through Demurrer Or Summary Judgment

Cases: Appealability, Cases: Sanctions

Court of Appeal Reverses $15,611.50 in 128.7 Sanctions Because “Safe Harbor” Papers Were Not Identical to Filed 128.7 Motion Papers.      In a lengthy but informative unpublished opinion, the Fourth District, Division One affirmed and reversed some sanctions components assessed against a plaintiff who was defensed through demurrer and summary judgment law-and-motion proceedings in his

Appealability: Separately Appeal A Postjudgment Fee Award Or Suffer The Cruel Sword of Dismissal!

Cases: Appealability

  Second District, Division 2 Reinforces Message Sent in Prior Posts.      In our category: “Cases: Appealability,” we have stressed an important message that emerges from California state court cases: notwithstanding some nuances in unusual situations, litigants wishing to challenge attorney’s fees awards should always appeal the postjudgment fees award in order to preserve appellate

POOF! Principle: Top 6 Cases In Last Eight Months

Cases: Appealability, Cases: POOF!

     We are pleased that our fellow blawger, Greg May, presiding at The California Blog of Appeal, has recognized our inestimable contribution of the Poof Principle to California attorney's fees jurisprudence in his January 28, 2009 post.  The American Heritage Dictionary (online) defines "poof" thusly:  "Used to indicate a sudden vanishing: The magician waved a

Mixed Result In Decade Long Litigation: Substantial Attorney’s Fees Award Goes “Poof” When Plaintiff Should Have Been Given Leave To Amend, But Plaintiff Denied Post-Judgment Enforcement Fees

Cases: Appealability, Cases: Consumer Statutes, Cases: Judgment Enforcement, Cases: POOF!

Second District, Division 7 Publishes Decision in Decade Long Battle Arising From Credit Impairment Allegations.      Although too long to recite in detail (43 pages in length), Sanai v. Saltz, Case Nos. B198217 & B202787 (2d Dist., Div. 7 Jan. 26, 2009) (certified for publication) chronicles a donnybrook between a former in pro per renter

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