Cases: Appealability

Appealability, Class Actions: Ninth Circuit Decides It Has Pendent Appellate Jurisdiction To Review A Non-appealable Interim Fee Award Inextricably Intertwined With The Merits Of The Appealable Orders

Cases: Appealability, Cases: Class Actions

Judicial Economy Seemed To Be The “Flavor” Here.             In Bowerman v. Field Asset Services, Inc., Nos. 18-16303/18-17275 (9th Cir. July 5, 2022) (published), a “first impression,” narrow appellate pendent jurisdictional issue was under consideration by the Ninth Circuit.  (Appellate practitioners might salivate, others not so much—but we post on it nevertheless.)  However, we can […]

Appealability, Deadlines: Co-Defendant’s Failure To Appeal Judgment Or Fee Denial Order Was Fatal To Appellate Consideration Of The Fee Denial Challenge

Cases: Appealability, Cases: Deadlines

Co-Defendant Could Not “Hitch” Onto Appeals By Other Defendants.             In Greenfield LLC v. Kandeel, Case No. B297194 (2d Dist., Div. 5 June 14, 2022) (unpublished), a co-defendant was denied attorney’s fees and argued that denial was incorrect in an appellate case filed by other defendants.  The appellate court held it had no jurisdiction to

Appealability, POOF!: Where Party Appealed A Judgment Which Was Later Amended To Allow One Side Fees And Costs, The Judgment Could Not Be Amended While The Appeal Was Pending

Cases: Appealability, Cases: POOF!

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play a big part on appeal, we explain what happened in Kling v. Horn, Case No. B310164 (2d Dist., Div. 7 June 8, 2022) (unpublished).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

Appealability, Deadlines: County’s Failure To Appeal A Clerk-Served File Stamped Copy Of A Fee Order Within 60 Days Meant The Appeal Was Untimely

Cases: Appealability, Cases: Deadlines

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

Allocation, Appealability, Partition: $790,967 Postjudgment Fees And Environmental Remediation Award Against Some Partitioning Parties Affirmed On Appeal

Cases: Allocation, Cases: Appealability, Cases: Partition

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

Appealability, POOF!: Reversal Of Merits Judgment For $390,184 In Damages Also Meant That A $365,065 Prevailing Parties’ Fees Award Went POOF!

Cases: Appealability, Cases: POOF!

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,

Appealability, Arbitration: Trial Court’s Denial Of Motion For Costs And Attorney’s Fees Incurred In Opposing And Conducting Arbitration Proceedings Denied As Interlocutory Because Merits Of Action Was Not Yet Decided

Cases: Appealability, Cases: Arbitration

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

Appealability: Attorney’s Fees Denial Order Was Nonappealable Because No Judgment Of Dismissal Had Been Filed

Cases: Appealability

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

Appealability, Costs, Deadlines: $10,800 Costs Recovery To Certain Defendants After Plaintiff Dismissed Case Without Prejudice And Refiled In Texas Was Not Erroneous

Cases: Appealability, Cases: Costs, Cases: Deadlines

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

Appealability: Appellate Court Has Nice Discussion On Why Most Orders Granting Attorney’s Fees, Sanctions, And Costs Are Independently Appealable

Cases: Appealability

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

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