A $119,010 Fee Award Under An Amended Judgment Went POOF! Just to show you how the sequence of events can play a big part on appeal, we explain what happened in Kling v. Horn, Case No. B310164 (2d Dist., Div. 7 June 8, 2022) (unpublished). An original judgment in a matter stated that […]
Decisions Show That Notice Of Entry Document Service Or File Stamped Order Service Will Trigger The 60 Days Appeal Deadline Time Period For Civil Unlimited Cases. This next case is a deadline warning for practitioners whose clients want to appeal a fee ruling, even one where the client is claiming the fees were not
Lower Court Retains Lots Of Discretion To Apportion Fees in Partition Action. DeMartini v. DeMartini, Case No. A160849 (1st Dist., Div. 1 June 7, 2022) (unpublished) is a reminder that the partition statutes allow a trial judge broad authority to award and apportion fees to parties in a partition action. In this one, the
No Separate Appeal Of The Fees Award Was Necessary To Extinguish The Fees Award—Although Prudent Appellate Practitioners Usually Appeal Separately To Be Cautious. In Medical Benefits Administration, Inc. v. Nivano Physicians, Case No. C093214 (3d Dist. Apr. 1, 2022) (unpublished), prevailing parties were awarded $365,065 in attorney’s fees after winning $390,184 in damages. However,
Lots Of Arguments Raised, But Merits Had To Be Decided To Determine Who Prevailed. What occurred in Harris v. University Village Thousand Oaks CCRC LLC, Case No. B311972 (2d Dist., Div. 6 Mar. 21, 2022) (unpublished) is that a lower court’s confirmation of an arbitration award was reversed because the appellate court determined that
Collateral Order Doctrine Did Not Save The Day, Either. The 2/7 DCA, in Sanchez v. Westlake Services, LLC, Case No. B308435 (2d Dist., Div. 7 Jan. 18, 2022) (published), is a situation where a lower court denied a motion for attorney’s fees (but granted costs and prejudgment interest) after plaintiff reached a settlement but
4/3 DCA Sides With The View That A Costs Award Entered After A Voluntary, Without Prejudice Dismissal Is Appealable. In Thomas v. St. Joseph Health System, Case No. G059408 (4th Dist., Div. 3 Oct. 20, 2021) (unpublished), plaintiff doctor sued certain health care defendants in Orange County Superior Court for interference/unfair competition. Certain defendants
Case Involved Application of the Disentitlement Doctrine. Findleton v. Coyote Valley Band of Pomo Indians, Case Nos. A156459 et al. (1st Dist., Div. 2 Sept. 29, 2021) (published), although primarily involving application of the disentitlement doctrine to dismiss appeals by a tribe unless they complied with certain lower courts within 90 days, also contained
Pay Attention to Appellate Deadlines, If You Want To Preserve Challenges. In Marriage of Mhanna and Hage, Case Nos. H045078 et al. (6th Dist. Sept. 24, 2021) (unpublished), ex-husband challenged three attorney fees orders: (1) a first order awarding fees to ex-wife under Family Code section 271 and 2030 to the tune of $80,000;
As Far As Amount Of Fees, Failure To Include A Reporter’s Transcript Was Equally Damning. In Padlan v. Graves, Case No. A159576 (1st Dist., Div. 3 Sept. 17, 2021) (unpublished), a trustee was ordered to pay certain attorney’s fees to a beneficiary based on reneging on a mediation settlement agreement. That order was made
