Cases: Appealability

Litigant Prevailing On Labor Code Indemnification Issue After Oral Ruling On A Directed Verdict Motion Did Not Preserve Jurisdiction For Appellate Review By Failing To Obtain Entry of A Judgment On The Directed Verdict Motion

Cases: Appealability

Second District, Division Eight Dismisses Appeal of Fee Motion Denial for Lack of Jurisdiction, Reminding Us That A Fee Determination Is Only Appealable After Entry of An Appealable Order or Judgment.             Increasingly, appellate courts have become less lenient for litigants’/practitioners’ failures to appeal from appealable orders or judgments.  For example, no […]

Anti-SLAPP Fee Award: Don’t Wait Until Final Judgment Issued—Appeal From Prior Order Granting Fees Where Earlier Dismissal Of Entire Complaint Has Occurred

Cases: Appealability, Cases: SLAPP

First District Unpublished Decision So Counsels, Dismissing Appeal Where Anti-SLAPP Plaintiff Failed to Timely Appeal from Fee Recovery Order.             Melbostad v. Fisher, Case No. A119514 (1st Dis., Div. 4 July 23, 2008) (unpublished) is must reading for litigants and practitioners with respect to what orders should be appealed from in order

Attorney’s Fees Awarded Against Litigant Losing a Code of Civil Procedure Section 128.7 Motion is Appealable and Justified

Cases: Appealability, Cases: Standard of Review

Sixth District Affirms Fee Award Assessed Against Litigant Who Brought Section 128.7 Motion That Was Denied.             In Star Building Systems v. G.W. Davis, Inc., Case No. H032093 (6th Dist. June 27, 2008) (unpublished), plaintiff filed a first amended complaint, after a demurrer was sustained with leave, with an unjust enrichment claim

Trustees Fees Are Not Awardable Under the Elder Abuse Act’s Fee-Shifting Provision and $1 Million Attorney’s Fees Award Reversed as Excessive

Cases: Appealability, Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

Second District, Division Three Rules on Scope and Reasonableness of Certain Fees Under Welfare and Institutions Code section 15657.5.             Welfare and Institutions Code section 15657.5, one segment of California’s Elder Abuse Act, is a mandatory fee-shifting provision.  In relevant part, section 15657.5 provides:  “(a) Where it is proven by a preponderance

Accept Payment of a Distinct Award—And Lose Your Appeal Right!

Cases: Appealability

Fourth District, Division One Holds Acceptance of Payment of a Standalone Fee Order Waived the Right to Appeal.             The next case deals with the principle holding that voluntary acceptance of benefits will sometimes waive the right to appeal.  The context was a fee motion winner accepting payment from the loser, but

PLAINTIFF’S ASSIGNEE—A NONSIGNATORY TO A CONTRACT—AND ASSIGNOR—A CONTRACT SIGNATORY—BOTH HIT WITH $1.4 MILLION FEE AWARD AFTER DEFENDANT PREVAILS IN ASSIGNEE’S LITIGATION

Cases: Appealability, Cases: Assignment, Cases: Prevailing Party, Cases: Standard of Review

Second District Affirms Fee Award Against Both Assignor and Assignee Based on California Wholesale and the Assignor’s Surety Status.             One of the time-honored principles in assignment law is that assignee’s voluntary acceptance of benefits normally means consent to bear the burdens from the assignment.  Civil Code sec. 1589.   However, the assignor

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