Cases: Appealability

Appealability: Plaintiff’s Challenges To Fee Award Were Forfeited Based On Inadequate Record Presentation And Failure To Raise Challenges At Trial Court Level

Cases: Appealability

Two Fundamental Appellate Principles Supported Affirmance Of The Fee Award.                Inadequate record and waiver arguments can really undermine an appellant’s arguments on appeal.  That is what happened in Milks v. Affirmed Technologies, LLC, Case No. B330311 (2d Dist., Div. 3 Apr. 8, 2024) (unpublished).  There, plaintiff challenged a contractual fee award after his case […]

Appealability, SLAPP: Aggrieved Plaintiff Properly Prosecuted A Second Appeal From A SLAPP Fee Order Given Conflicting Intermediate Appellate Authority On The Issue

Cases: Appealability, Cases: SLAPP

Opinion Validates Our Recommendation In Many Posts To Separately Appeal An Adverse Fee Order Or Appeal Both Rulings In A Combined Appeal If Possible.                In Williams v. Doctors Med. Center of Modesto, Inc., Case Nos. F084700 et al. (5th Dist. Mar. 27, 2024) (published), plaintiff separately appealed the granting of a SLAPP motion and

Appealabilty, Costs: Only Adding Costs To A Judgment, Through An Amendment, Does Not Rest Time To Appeal From The Original Judgment

Cases: Appealability, Cases: Costs

No Substantial Modification Was Obtained By Adding Costs To A Judgment.             In Crokin v. Primrose, Case No. G061959 (4th Dist., Div. 3 Jan. 3, 2024) (unpublished), authored by Presiding Justice O’Leary, the 4/3 DCA agreed that adding routine costs, attorney’s fees, and interest to an original judgment through an amended judgment did not reset

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 Dec. 26, 2023) (unpublished) successfully SLAPP-ed 4 out of 5 cross-claims, moved for mandatory SLAPP fees, and was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

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