Cases: Appealability

Appealability, SLAPP: Where SLAPP Cross-Defendant Did Not Eliminate All Cross-Claims And Received Less Than Requested SLAPP Fees, Fee Order Was Not Appealable

Cases: Appealability, Cases: SLAPP

No Final Judgment Was Entered, And Collateral Order Doctrine Did Not Apply Because The Fee Order Did Not Order Payment Of Money By Partially Prevailing Cross-Defendant.             Cross-defendant in Delis v. Thorn, Case No. F084879 (5th Dist. Dec. 26, 2023) (unpublished) successfully SLAPP-ed 4 out of 5 cross-claims, moved for mandatory SLAPP fees, and was […]

Appealability, Private Attorney General: Additional Defendants Were Determined To Be “Opposing Parties” Such That They Should Have Been Added As Liable For A Private Attorney General Fee Award

Cases: Appealability, Cases: Private Attorney General (CCP 1021.5)

Additional Defendants Were Unified In Interest With Other Defendants Subject To The Fee Award.             To recover attorney’s fees under the private attorney general statute, CCP § 1021.5, the plaintiff must recover against “opposing parties.”  Taft v. Salinas, Case No. D081025 (4th Dist., Div. 1 Nov. 30, 2023) (unpublished) considered the scope of that language

Appealability, SLAPP: Where Cross-Defendant’s SLAPP Motion Was Denied, Inclusive Of A Fees Request, Even Though Cross-Complainant Dismissed Its Complaint Before The Ruling Was Final, Cross-Defendant’s Appeal Of The Merits And Fees Denial Were Proper

Cases: Appealability, Cases: SLAPP

It Did Not Matter, Because SLAPP Denial Was Affirmed On Appeal.             Freeman v. LMA & SAI 1433 Wilshire LLC, Case No. B325212 (2d Dist., Div. 7 Nov. 9, 2023) (unpublished) goes to show you that you may hurdle procedural appealability obstacles, only to have the merits affirmed anyway.             In this one, the procedural

Appealability, Sanctions: 4/1 DCA Holds In Unpublished Opinion That Interlocutory Order Denying CCP § 128.7 Sanctions Is Not Appealable

Cases: Appealability, Cases: Sanctions

It Is Appealable From A Final Judgment, Although There Is A Split In DCA Thinking On The Issue.             In Arteaga v. California Restaurants, Inc., Case No. D082258 (4th Dist., Div. 1 Oct. 17, 2023) (unpublished), plaintiff filed a CCP § 128.7 sanctions motion which was denied in a class action case, prompting an appeal. 

Appealability, Family Law: Denial Of Fees To Ex-Wife Under Family Code Section 3121 Was No Abuse Of Discretion Because The Matters Before The Trial Judge Were Unrelated To Child Custody Issues

Cases: Appealability, Cases: Family Law

However, Ex-Wife’s Appeal From The Final Judgment Was Timely Because the Interim Order Denying Fees Was Not A Separately Appealable Order.             The main lesson from Marriage of Davis, Case No. D080980 (4th Dist., Div. 1 Sept. 18, 2023) (unpublished) is a simple one:  if you are seeking fees, make sure you have a fee

Appealability, Deadlines: Appeal Of Later Amended Judgment Including Fees And Costs Was Untimely With Respect To A Review Of The Merits Decision Reflected In the Original Judgment

Cases: Appealability, Cases: Deadlines

The Later Amended Judgment Was No Substantial Modification To The Original Judgment.             The next opinion, San Diego Innovation Center, LLC v. Skyriver Communications, Inc., Case No D080972 (4th Dist., Div. 1 Aug. 25, 2023) (unpublished), supports a suggestion we have made in numerous past posts:  appeal an original judgment and amended judgments to make

Appealability, Discovery: Monetary Sanctions, Not Intertwined With Nonappealable Issue Sanctions Order, Can Be Entertained On Appeal

Cases: Appealability, Cases: Discovery

$37,575 Monetary Sanctions Against Defendants For Discovery Noncompliance Affirmed, Given Defense Conduct.             Bad facts can lead to published decisions which are not complementary to a party not conducting itself appropriately in litigation.  Defendants in Deck v. Developers Investment Co., Case No. G061287 (4th Dist., Div. 3 Mar. 24, 2023) (published) learned that sad reality.

Appealability, Discovery: Discovery Sanctions Against Client’s Attorney For Client’s Failure To Appear At A Deposition Reversed

Cases: Appealability, Cases: Discovery

Nothing In The Statute Shows That Sanctions Are Allowable Against Client’s Attorney.             Castillo v. McCreary, Case No. B317493 (2d Dist., Div. 3 Feb. 21, 2023) (unpublished) is an interesting unpublished decision on an appealability issue and on whether discovery sanctions can be visited on a client’s attorney for his client’s failure to appear for

Appealability, Deadlines: Plaintiff’s Appeal Of An Attorney’s Fee Grant Motion Was Untimely, Resulting In A $64,350.30 Fees Order Standing As Viable Without Any Review

Cases: Appealability, Cases: Deadlines

Appeal Was Electronically Received By The Court One Minute Late, Which Made It Untimely—So, Allow For Some Electronic Delay Transmission Issues When Filing An Appeal.             Although unpublished, the lesson from McKenna v. Sony Pictures Entertainment, Case Nos. B304256/B310814 (2d Dist., Div. 5 Feb. 15, 2023) (unpublished) is to not push the 11:59 p.m. electronic

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