Cases: Appealability

Fifth District Finds Indemnification Clauses, Even Though Extending To Performance Of Contractual Work, Did Not Allow For Recovery Of Civil Code Section 1717-Type Fees

Cases: Appealability, Cases: Indemnity

Court of Appeal Affirms Denial of Attorney’s Fees to Prevailing Parties Against the City of Chowchilla.             In our July 12, 2008 post, we discussed when contract indemnification clauses will and will not be interpreted as allowing a recovery of attorney’s fees to litigants in litigation not involving true third-party indemnity issues.  […]

Real Estate Brokerage Proprietor Who Ratified Employee Conduct Liable For Attorney’s Fees Under Elder Abuse Act Fee-Shifting Provision

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

Proprietor’s Ratification Triggered Fee Liability to Conservator When House Sold For Less Than Its Fair Market Value.             Welfare and Institutions Code section 15657.5 has a mandatory fee-shifting provision that authorizes an award of reasonable attorney’s fees and costs (including conservator’s fees devoted to litigation) when a defendant is proven liable for

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First District Unpublished Decision So Counsels, Dismissing Appeal Where Anti-SLAPP Plaintiff Failed to Timely Appeal from Fee Recovery Order.             Melbostad v. Fisher, Case No. A119514 (1st Dis., Div. 4 July 23, 2008) (unpublished) is must reading for litigants and practitioners with respect to what orders should be appealed from in order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

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